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HAUSRATH v. PHILLIP MORRIS USA INC.

1464 CA 14-00993.

124 A.D.3d 1413 (2015)

JODI HAUSRATH, as Administratrix of the Estate of ANTOINETTE ADIMEY, Deceased, et al., Respondents, v. PHILLIP MORRIS USA INC., et al., Defendants, and LIGGETT GROUP, INC., Now Known as BROOKE GROUP, LTD., et al., Appellants.

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

Decided January 2, 2015.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Liggett Group, Inc., now known as Brooke Group, Ltd., and Liggett & Myers Tobacco Company (defendants) appeal from an order granting plaintiffs' motion to restore the case to the court calender and to schedule a preliminary conference. According to defendants, the action should have been deemed abandoned pursuant to CPLR 3404 and dismissed for neglect to prosecute...

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