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DEROSARIO v. NEW YORK CITY HEALTH AND HOSPITALS CORP.

22 A.D.3d 270 (2005)

802 N.Y.S.2d 406

LEONARD DEROSARIO et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORP., Respondent.

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

October 11, 2005.

Plaintiff's argument that the action was marked off the trial calendar pursuant to CPLR 3404, and not dismissed for nonappearance of counsel pursuant 22 NYCRR 202.27, is improperly raised for the first time on appeal, and indeed is directly contrary to the position that plaintiff took before the motion court, and we decline to review it.

Plaintiff's motion to vacate his default and the resulting dismissal of the action pursuant...

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