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ROSARIO v. CUMMINS

2021-03668. Index No. 509839/15.

222 A.D.3d 897 (2023)

203 N.Y.S.3d 112

2023 NY Slip Op 06547

Fabian Rosario, Derivatively on Behalf of Himself and All Others Similarly Situated, Appellant, v. Robert Cummins, Also Known as Robert Cummins, et al., Respondents, et al., Defendant.

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

Decided December 20, 2023.

Attorney(s) appearing for the Case

Graber PLLC, New York, NY ( Daniel Graber of counsel), for appellant.

O'keke & Associates, PC, Brooklyn, NY ( Patrick O'keke of counsel), for respondents.

Connolly, J.P., Genovesi, Warhit and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Reginald A. Boddie, J.), dated May 13, 2021. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were to restore the action to the active calendar and to extend the time to file a note of issue.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those...

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