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MARTINEZ v. JESIONOWSKA

30 A.D.3d 239 (2006)

816 N.Y.S.2d 348

MARIA MARTINEZ et al., Respondents, v. HANNA JESIONOWSKA, M.D., et al., Appellants, et al., Defendants.

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

June 15, 2006.

It is uncontested that this case, originally commenced in Queens County in 1999, was ultimately transferred to New York County in 2001 after defendants successfully moved for a change of venue. Although a note of issue was filed in Queens County prior to the transfer, there is no evidence of record that the action was entered on the trial calendar in New York County after the transfer.

A motion to dismiss an action as abandoned...

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