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VANDERWIELE v. STEIGLEHNER

3 Misc.3d 681 (2004)

773 N.Y.S.2d 849

JOHN L. VANDERWIELE et al., Plaintiffs, v. JANET F. STEIGLEHNER, Doing Business as PAKATAN LODGE, Defendant.

Supreme Court, Sullivan County.

February 25, 2004.

Attorney(s) appearing for the Case

Dupée, Dupée & Monroe, PC., Goshen (James E. Monroe of counsel), for plaintiffs.

Penino & Moynihan, LLP, White Plains (Stephen J. Penino of counsel), for defendant.

OPINION OF THE COURT

MARK M. MEDDAUGH, J.

The defendant applied to the court for an order vacating the note of issue and removing this action from the trial calendar. By stipulation submitted to the court on November 11, 2003, the plaintiff agreed to withdraw the note of issue, and the defendant withdrew its notice of motion to strike the note of issue.

The plaintiff filed an application for an order pursuant to CPLR 3212 seeking partial summary...

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