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MONTALVO v. MUMPUS RESTORATIONS, INC.

2012-05315, Index No. 6139/06.

110 A.D.3d 1045 (2013)

974 N.Y.S.2d 87

2013 NY Slip Op 7017

ALBERT GUILBE MONTALVO, Respondent, v. MUMPUS RESTORATIONS, INC., Appellant.

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

Decided October 30, 2013.

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated March 28, 2012, as granted the plaintiff's motion to restore the action to active status and denied its cross motion, in effect, to dismiss the complaint with prejudice pursuant to CPLR 3404 and the doctrine of laches.

Ordered that the order...

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