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FLORIN v. FREE LANCE GARAGE DOORS

14 Misc.3d 108 (2007)

831 N.Y.S.2d 635

LILO FLORIN, Appellant, v. FREE LANCE GARAGE DOORS et al., Respondents.

Supreme Court, Appellate Term, First Department.

February 8, 2007.

Attorney(s) appearing for the Case

Koval, Rejtig & Dean, PLLC, Mineola (Mitchell Dranow of counsel), for appellant.

Baxter & Smith, P.C., Jericho (Arthur J. Smith and Rocco R. Riccobono of counsel), for William Strella, respondent.

McKEON, P.J., and DAVIS, J., concur.

OPINION OF THE COURT

Per Curiam.

Order entered February 8, 2006 reversed, without costs, defendant Strella's cross motion to dismiss is denied, and plaintiff's motion to restore the action to the trial calendar is granted.

This action was initially marked off the trial calendar in April 2002 and restored by the parties via "so-ordered" stipulation in September 2002. Plaintiff was unable to proceed to trial when the case was called on September 21...

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