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MADSGUARD v. CITY OF NEW YORK

2010-00987.

78 A.D.3d 666 (2010)

909 N.Y.S.2d 667

SJUR STEPHEN MADSGUARD, Plaintiff, v. CITY OF NEW YORK, Defendant, and BOARD OF EDUCATION OF CITY OF NEW YORK et al., Defendants/Third-Party Plaintiffs-Respondents. B.F.M. CONTRACTING CORP., Third-Party Defendant-Appellant.

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

Decided November 3, 2010.

Ordered that the order is affirmed, with costs.

A case marked off the trial calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be restored to the trial calendar provided that the party seeking to restore the case establishes the following: (1) a meritorious cause of action or defense, (2) a reasonable excuse for the delay in prosecution of the claims or counterclaims asserted in the action, (3)...

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