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GANI v. ZARGER

22 A.D.3d 799 (2005)

802 N.Y.S.2d 626

HAZKEL GANI, Respondent, v. ILAN ZARGER et al., Defendants, and SOLOMON ALGAZI, Appellant.

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

October 31, 2005.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in conditionally granting the plaintiff's motion to restore the action (see LeBlanc v Budman, 18 A.D.3d 718 [2005]; Giannoccoli v One Cent. Park W. Assoc., 15 A.D.3d 348 [2005]; Betty v City of...

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