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ROCCO v. FAMILY FOOT CENTER

2011-00243.

94 A.D.3d 1077 (2012)

942 N.Y.S.2d 607

2012 NY Slip Op 3161

SUSAN ROCCO, Appellant, v. FAMILY FOOT CENTER, Defendant, and STANLEY J. ZAWADA, Respondent. (And a Third-Party Action.).

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

Decided April 24, 2012.

Ordered that the order entered October 22, 2010, is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion (a) pursuant to CPLR 5015 (a) (1) to vacate the order entered May 22, 2009, (b) to restore the action to the trial calendar, and (c) pursuant to CPLR 3124 to compel the defendant Stanley J. Zawada to appear for a deposition is granted, the motion of the defendant Stanley J. Zawada pursuant to CPLR 3404 to dismiss the complaint for...

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