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ALLEYNE v. PENSKE TRUCK LEASING CORPORATION

12 A.D.3d 174 (2004)

784 N.Y.S.2d 507

MAGDALINE YOUNG ALLEYNE et al., Respondents, v. PENSKE TRUCK LEASING CORPORATION et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 4, 2004.

It appears that November 13, 1996, on the eve of trial, the case was "marked off" the trial calendar at defendants' request to abide an appeal they had taken from an order denying their motion to vacate the note of issue. The appeal was decided in plaintiffs' favor on January 30, 1997 (235 A.D.2d 372 [1997]), but for unexplained reasons plaintiffs did not then restore the case to the calendar...

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