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PICKETT v. FEDERATED DEPARTMENT STORES, INC.

2010-02060.

79 A.D.3d 1116 (2010)

914 N.Y.S.2d 636

JOYCE PICKETT et al., Respondents, v. FEDERATED DEPARMENT STORES, INC., Appellant.

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

Decided December 28, 2010.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiffs' motion to vacate the dismissal of the complaint and to restore the action to active status is denied.

The complaint in this action was dismissed on or about July 6, 2001, after the plaintiffs failed to comply with an order directing them to file a note of issue by June 25, 2001. The plaintiffs' motion to vacate the dismissal of the complaint and to restore...

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