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BELL v. UNITED PARCEL SERV., INC.

2014-11313, Index No. 16033/11.

140 A.D.3d 1106 (2016)

33 N.Y.S.3d 757

2016 NY Slip Op 05110

VINSON L. BELL, Appellant, v. UNITED PARCEL SERVICE, INC., Respondent, et al., Defendant.

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

Decided June 29, 2016.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3216, to restore the action to the active calendar, and to extend the time to file a note of issue is granted.

CPLR 3216 is "extremely forgiving" (Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503 [1997]) in that it "never requires...

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