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267 A.D.2d 132

Phillips-Stone v. Edison

Appellate Division of the Supreme Court of the State of New York · decided 1999-12-21

Cited by 1 later decisions — most recently February 2010

Good law ✅— No negative treatment on recordhow we know

Decided 1999-12-21

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¶1—Order, Supreme Court, Bronx County (Alan Saks, J.), entered August 31, 1998, which, inter alia, denied defendant-appellant’s motion to dismiss the action as abandoned, unanimously affirmed, without costs.

¶2The motion was properly denied, plaintiff having rebutted the presumption of abandonment by demonstrating both a reasonable excuse for the delay in moving to restore the action to the calendar and a meritorious cause of action. Concur — Sullivan, J. P., Wallach, Rubin, Saxe and Friedman, JJ.

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