BANIK v. EVY REALTY, LLC

No. 104240/05, Motion Seq. No. 4.

84 A.D.3d 994 (2011)

ALAKA BANIK et al., Respondents, v. EVY REALTY, LLC, Defendant/Third-Party Plaintiff-Appellant, et al., Defendant. UNITED NATIONAL SPECIALTY INSURANCE COMPANY et al., Third-Party Defendants-Respondents.

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

Decided May 17, 2011.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

On September 25, 2009, the Supreme Court, sua sponte, dismissed the action. By notice of motion dated February 3, 2010, the plaintiffs moved, in effect, to vacate the dismissal of the action and to restore the action to active status. The appellant opposed the plaintiffs' motion. In an order dated April 14, 2010, the Supreme Court, inter alia, denied those branches of the plaintiffs...

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