PLOTKIN v. J.J. NAZZARO ASSOC., LTD.

2012-08303, Index No. 3811/04.

108 A.D.3d 757 (2013)

970 N.Y.S.2d 253

2013 NY Slip Op 5520

MICHAEL PLOTKIN, Appellant, v. J.J. NAZZARO ASSOCIATES, LTD., et al., Respondents, et al., Defendants.

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

Decided July 31, 2013.


In an action, inter alia, to recover damages for breach of contract and injury to real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated June 19, 2012, which denied his unopposed motion to reinstate the note of issue and restore the action to the trial calendar.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion to reinstate the note of issue and restore the action to the...

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