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DiPIETRO v. SHEN

12 A.D.3d 343 (2004)

783 N.Y.S.2d 307

MATTHEW DIPIETRO, Respondent, v. EDWARD Y.T. SHEN, Appellant.

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

November 1, 2004.

Ordered that the order is affirmed, with costs.

Ten months after this action was restored to the trial calendar by a so-ordered stipulation of the parties, it was marked off the trial calendar by order of the Supreme Court dated October 15, 2002. On September 12, 2003, the plaintiff moved to restore the action to the trial calendar. The Supreme Court granted the motion.

A plaintiff seeking to restore a case within one year of it being marked off the calendar...

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