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BABICKAIA v. KANEVSKY

300513/00.

2008 NY Slip Op 51650 (U)

FIRA BABICKAIA, Plaintiff, v. ALEKSANDER KANEVSKY and ZHANNA KANEVSKY, Defendants.

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

Decided July 16, 2008.

Attorney(s) appearing for the Case

Plaintiff Attorneys: Taller & Wizman, P.C., Forest Hills, New York.

Defendant Attorney: Brooklyn, New York.

LOREN BAILY-SCHIFFMAN, J.

Plaintiff moves to restore this personal injury action to the trial calendar. The action had been "marked off" the trial calendar on June 26, 2006 when plaintiff was not ready to proceed to trial. Plaintiff asserts that the matter was "marked off" due to plaintiff's illness. Defendant cross-moves to dismiss the action for lack of prosecution.

Plaintiff's motion is made pursuant to CPLR §3404 which provides as follows:

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