SELLITTO v. WOMEN'S HEALTH CARE SPECIALISTS


58 A.D.3d 828 (2009)

872 N.Y.S.2d 513

REGINA SELLITTO et al., Respondents, v. WOMEN'S HEALTH CARE SPECIALISTS et al., Appellants, et al., Defendant.

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

January 27, 2009.


Ordered that the order is affirmed, with costs.

By order dated February 22, 2005, the Supreme Court, sua sponte, vacated the note of issue pursuant to 22 NYCRR 202.21 (e) and struck the action from the trial calendar upon the plaintiffs' inability to proceed to trial. By order dated June 6, 2005, the Supreme Court directed the plaintiffs to file a note of issue on or before July 6, 2005, or the action would be dismissed. When the plaintiffs failed to file a note of...

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