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Palmer v. George W. Long, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 854 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Supreme Court, Monroe County, Cornelius, J.

Present — Pine, J.P., Fallon, Callahan, Doerr and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: There is no merit to the contention of defendant that Supreme Court erred in placing this case on the pre-note calendar for Supreme Court, Monroe County. CPLR 3404 does not apply to this case because by its very terms it applies only where a case is "marked 'off' or struck from the calendar or unanswered on a clerk's calendar call, and not restored within one year thereafter". There is no evidence in the record to support defendant's assertion that the case was stricken from Justice Cornelius' pre-note calendar. In any event, plaintiff established that she never intended to abandon the action (see, Beaugene v DuoFast Corp., 206 A.D.2d 971).


Summaries of

Palmer v. George W. Long, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 854 (N.Y. App. Div. 1995)
Case details for

Palmer v. George W. Long, Inc.

Case Details

Full title:MELODY PALMER, Respondent, v. GEORGE W. LONG, INC., Doing Business as SEA…

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 854 (N.Y. App. Div. 1995)
632 N.Y.S.2d 1008