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BENGAL HOUSE LTD. v. 989 3RD AVE., INC.

12639, 104543/05.

118 A.D.3d 575 (2014)

988 N.Y.S.2d 586

2014 NY Slip Op 4564

BENGAL HOUSE LTD., Respondent, v. 989 3RD AVE., INC., et al., Appellants, et al., Defendants. (And Other Actions.).

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

Decided June 19, 2014.

This action was dismissed pursuant to CPLR 3126 after numerous delays by former counsel in filing a note of issue. Although no medical evidence was submitted, the motion court vacated the dismissal, accepting the affidavit of a family member and the affirmation of current counsel, former counsel's son, that his 82-year-old father suffers from diminished mental acuity and memory problems (see Goldstein v Meadows Redevelopment Co Owners Corp. I, 46 A...

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