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JEFFTEX INTERNATIONAL LTD. v. JPI TRADING CORP.

3484, 603811/04, 3485, 3486.

77 A.D.3d 584 (2010)

909 N.Y.S.2d 363

JEFFTEX INTERNATIONAL LTD., Appellant, v. JPI TRADING CORP. et al., Respondents.

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

Decided October 28, 2010.

The J.H.O.'s "authority to exercise all the powers of a Justice of th[e Supreme C]ourt" was recognized by stipulation between the parties on May 26, 2005. Subsequently, in September 2006, the parties stipulated to discontinue the action without prejudice.

The J.H.O. did have the authority to dismiss with prejudice, in light of the parties' unreadiness to proceed to trial and their failure to enter their 2006 stipulation...

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