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WALKER v. CITY OF NEW YORK

2009-05339.

87 A.D.3d 734 (2011)

928 N.Y.S.2d 862

2011 NY Slip Op 6375

VON WALKER, et al., Appellants, v. CITY OF NEW YORK, Defendant, and BOARD OF EDUCATION OF CITY OF NEW YORK, et al., Respondents.

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

Decided August 30, 2011.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiffs' contentions, the Supreme Court providently exercised its discretion in denying their motion, inter alia, to vacate the dismissal of the action pursuant to CPLR 3216 on January 31, 2006, after the service by the defendants upon the plaintiffs in March 2005 of separate 90-day notices to resume prosecution, one of which was filed with the...

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