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RESTAINO v. CAPICOTTO

26 A.D.3d 771 (2006)

808 N.Y.S.2d 879

LISA A. RESTAINO, as Executrix of MARY E. MURACA, Deceased, et al., Respondents, v. WILLIAM N. CAPICOTTO, M.D., et al., Appellants.

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

February 3, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court did not abuse its discretion in denying defendants' respective cross motions to dismiss the complaint for failure to prosecute pursuant to CPLR 3216 and in granting that part of plaintiffs' motion to strike defendants' 90-day demands. "A court retains discretion to deny a motion to dismiss pursuant to CPLR 3216 even when...

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