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SAINT MARY BYZANTINE CATHOLIC CHURCH v. KALIN

2012-10839

110 A.D.3d 708 (2013)

972 N.Y.S.2d 636

2013 NY Slip Op 6355

SAINT MARY BYZANTINE CATHOLIC CHURCH, Respondent, v. SUSAN KALIN et al., Appellants.

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

Decided October 2, 2013.

In an action for the partition and sale of real property, the defendants appeal from an order of the Supreme Court, Queens County (Butler, J.), dated August 21, 2012, which granted the plaintiff's motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and...

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