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Phillipa Phillips-Stone, Respondent, v. Con Edison, Defendant, and Andrew Catapano Co., Inc., Appellant

New York Supreme Court, Appellate Division1999-12-21
267 A.D.2d 132699 N.Y.S.2d 864

Authorities cited

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Opinion

majority opinion

—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.

The 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.