Saint Mary Byzantine Catholic Church v. Kalin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for the partition and sale of real property, the defendants appeal from an order of the Supreme Court, Queens County (Butler, J.), dated August 21, 2012, which granted the plaintiffs motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar is denied.
On May 15, 2006, one day…
2Cases cited12 opinions
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