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ATTERBERRY v. SERLIN & SERLIN

2010-08947.

85 A.D.3d 949 (2011)

925 N.Y.S.2d 860

2011 NY Slip Op 5439

KATHRYN M. ATTERBERRY, Appellant, v. SERLIN & SERLIN et al., Respondents. (And Another Title.)

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

Decided June 21, 2011.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion to vacate the dismissal of the action pursuant to CPLR 3216 and to extend the time to file a note of issue is granted.

CPLR 3216 is an "extremely forgiving" statute (Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503 [1997]), which "never requires, but merely authorizes, the Supreme Court to dismiss...

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