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FRANCHISE ACQUISITIONS GROUP CORP. v. JEFFERSON VALLEY MALL LIMITED PARTNERSHIP

2009-02770.

73 A.D.3d 1123 (2010)

900 N.Y.S.2d 906

FRANCHISE ACQUISITIONS GROUP CORP., Respondent, v. JEFFERSON VALLEY MALL LIMITED PARTNERSHIP, Appellant.

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

Decided May 25, 2010.

Ordered that the order is affirmed, with costs.

The prior action involving the same parties, which was commenced in the Supreme Court, Westchester County, on January 11, 2006, was dismissed pursuant to 22 NYCRR 202.27 (b) in an order dated October 31, 2007, based on the plaintiff's failure to appear at a scheduled pretrial conference. This Court affirmed the dismissal in a decision and order dated May 13, 2008, finding that the plaintiff failed to set forth a reasonable...

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