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MADONNA MGT. SERVS., INC. v. R.S. NAGHAVI M.D. PLLC

2014-01724, 2014-02919

123 A.D.3d 986 (2014)

999 N.Y.S.2d 858

2014 NY Slip Op 08965

MADONNA MANAGEMENT SERVICES, INC., Respondent, v. R.S. NAGHAVI M.D. PLLC, Also Known as R.S. NEGHAVI, M.D. PLLC, et al., Appellants.

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

Decided December 24, 2014.

Ordered that the appeal from the order entered November 4, 2013, is dismissed; and it is further,

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, that branch of the defendants' motion which was pursuant to CPLR 5015(a)(1) to vacate the order dated June 5, 2013, and to restore the action to the trial calendar is granted, and the order entered November 4, 2013, is modified accordingly; and it is further,

Ordered that one...

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