VELKAS v. KAPLAN


16 A.D.3d 580 (2005)

792 N.Y.S.2d 144

DOREEN VELKAS et al., Appellants, v. BARRY H. KAPLAN, Respondent.

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

March 21, 2005.


Ordered that the judgment is affirmed, with costs.

This medical malpractice action was marked "off" the trial calendar on June 25, 2001, and the note of issue was vacated upon the plaintiffs' failure to proceed with trial. By order dated May 7, 2002, the Supreme Court granted the plaintiffs' motion to restore the action to the trial calendar upon condition that they serve and file a note of issue and pay the requisite fee by July 6, 2002. On or about August 15, 2002...

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