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CASTILLO v. CITY OF NEW YORK

6 A.D.3d 568 (2004)

775 N.Y.S.2d 82

MARTINA CASTILLO, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

April 19, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to restore the action insofar as asserted against the defendant New York City Housing Authority is denied.

"A party seeking to restore a case to the trial calendar more than one year after it has been marked `off,' and after it has been dismissed pursuant to CPLR 3404, must establish a meritorious cause of action, a reasonable excuse for the...

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