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MYERS v. POLYTECHNIC PREPARATORY COUNTRY DAY SCHOOL

50 A.D.3d 868 (2008)

855 N.Y.S.2d 650

ROBERT MYERS et al., Respondents, v. POLYTECHNIC PREPARATORY COUNTRY DAY SCHOOL, Defendant and Third-Party Plaintiff-Appellant. GARMER INDUSTRIES, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided April 15, 2008.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion to restore the action to the active calendar and to extend the time to file a note of issue is denied.

To excuse their default and to restore this action to the active calendar, the plaintiffs were required to demonstrate a justifiable excuse for their failure to timely file the note of issue, and a meritorious cause of action (see...

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