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TSIOUMAS v. TIME OUT HEALTH & FITNESS

6104N, 26811/04.

89 A.D.3d 581 (2011)

932 N.Y.S.2d 691

2011 NY Slip Op 8307

SOTIRIOS TSIOUMAS, Appellant, v. TIME OUT HEALTH & FITNESS et al., Respondents.

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

Decided November 17, 2011.

The July 2009 order, which was affirmed on a prior appeal (78 A.D.3d 619 [2010]), vacated an order dismissing the action for plaintiff's failure to restore it to the calendar within one year of it being marked off. Contrary to plaintiff's position, our order of affirmance in no way altered or modified the terms of the July 2009 order, which directed plaintiff to serve a copy of the order with notice of entry upon defendant within 20 days...

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