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CLARK v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.

23 A.D.3d 510 (2005)

806 N.Y.S.2d 633

TERENCE CLARK, Appellant, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., et al., Respondents.

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

November 21, 2005.

Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the matter is remitted to the Supreme Court for further proceedings, including the completion of discovery.

Since no note of issue was ever filed in this action, it was never on the trial calendar. In a prior order entered February 21, 2002, the Supreme Court marked the action off the "active" calendar due to discovery delays...

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