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PNC BANK v. SANSOTTA

8 A.D.3d 460 (2004)

778 N.Y.S.2d 297

PNC BANK, FSB, Respondent, v FRANCESCO SANSOTTA, SR., et al., Appellants.

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

June 14, 2004.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The record demonstrates that this action was discontinued by order dated March 23, 2001. Since the plaintiff offered no ground to vacate the order of discontinuance, the Supreme Court erred in granting its motion to restore this action to the calendar (see James v Nadal Corp., 290 A.D.2d 248 [2002]; Karapetyan v Underwood,

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