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RAMON v. ZANGARI

2012-10815, 2013-02800, Index No. 11523/11.

116 A.D.3d 753 (2014)

984 N.Y.S.2d 83

2014 NY Slip Op 2420

JUAN RAMON, Appellant, v. TERESA ZANGARI et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided April 9, 2014.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, the complaint is reinstated against the defendants Teresa Zangari and De Maria Realty Corp., the separate motions of the defendants Teresa Zangari and De Maria Realty Corp. pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against each of them for failure to prosecute are denied, and the order...

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