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FREEHILL v. ITT SHERATON CORPORATION

2009-01173.

74 A.D.3d 876 (2010)

902 N.Y.S.2d 373

JOSEPH FREEHILL, Plaintiff, v. ITT SHERATON CORPORATION, Respondent, and ST. JAMES MECHANICAL, INC., et al., Appellants.

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

Decided June 8, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contention, the action was not marked "off," stricken from the calendar, or unanswered on a clerk's calendar call pursuant to CPLR 3404 (see Long-Waithe v Kings Apparel Inc., 10 A.D.3d 413, 414 [2004]; see also Matter of L & Q Realty Corp. v Assessor, 71 A.D.3d 1025 [2010]; Baez v Kayantas...

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