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RODRIGUEZ v. UNITED PARCEL SERVICE, INC. OF OHIO

17 A.D.3d 658 (2005)

792 N.Y.S.2d 915

CAROLYN RODRIGUEZ et al., Respondents, v. UNITED PARCEL SERVICE, INC. OF OHIO, Appellant, et al., Defendant.

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

April 25, 2005.

Ordered that the order is affirmed, with costs.

This action was marked off the calendar on March 6, 2003, and automatically dismissed one year later pursuant to CPLR 3404 when the plaintiffs failed to restore it within that year. About one month after the automatic dismissal, and in response to the appellant's motion to dismiss the complaint, the plaintiffs cross-moved to restore the action to the calendar. The plaintiffs met their burden of demonstrating (1) a reasonable...

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