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BUILDERS APARTMENT CORP. CONDOMINIUM v. GINGOLD

37 A.D.3d 635 (2007)

831 N.Y.S.2d 448

BUILDERS APARTMENT CORP. CONDOMINIUM, Appellant, v. JACK GINGOLD, Defendant and Third-Party Plaintiff-Respondent. JOYCE CONTRACTING, INC., Third-Party Defendant-Respondent.

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

Decided February 20, 2007.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

A case stricken from the trial calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be restored to the trial calendar provided that the plaintiff demonstrates a meritorious cause of action, a reasonable excuse for the delay in seeking restoration of the action to the trial calendar, a lack of intent to abandon the...

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