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O'CONNELL v. CITY WIDE AUTO LEASING, INC.

6 A.D.3d 682 (2004)

775 N.Y.S.2d 543

DANIEL O'CONNELL, Respondent, v. CITY WIDE AUTO LEASING, INC., et al., Appellants.

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

April 26, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record is unclear as to whether this action was dismissed or purportedly "marked off" the active calendar when the plaintiff failed to appear at a compliance conference on January 23, 2001. If the action was dismissed pursuant to CPLR 3216, such dismissal was improper. A court may not dismiss an action based on neglect to prosecute unless the CPLR...

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