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ROSARIO v. ORTIZ FUNERAL HOME CORP.

16 Misc.3d 739 (2007)

839 N.Y.S.2d 674

CARMEN ROSARIO, Plaintiff, v. ORTIZ FUNERAL HOME CORP., Defendant and Third- and Fourth-Party Plaintiff. CITY OF NEW YORK, Third-Party Defendant. JSMS CORPORATION, Fourth-Party Defendant.

Civil Court of the City of New York, Bronx County.

June 13, 2007.

Attorney(s) appearing for the Case

Thomas K. Moore, White Plains, for defendant and third- and fourth-party plaintiff.

Slingsby, Sanders & Pagano, Bronx, for plaintiff.

OPINION OF THE COURT

SHARON A. AARONS, J.

Relief Requested

Defendant Ortiz Funeral Home Corp. moves for an order to renew and reargue this court's prior decision/order dated December 14, 2006 which denied defendant's motion to dismiss plaintiff's complaint as abandoned pursuant to CPLR 3404 due to plaintiff's failure to restore the case to the calendar within one year. The branch of defendant...

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