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Juan R. Tactuk v. Andrew Freiberg Et Al.

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eBook details

  • Title: Juan R. Tactuk v. Andrew Freiberg Et Al.
  • Author : Supreme Court of New York
  • Release Date : January 21, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

The action is restored to the Trial Calendar upon the filing of a statement of readiness. The parties were actively engaged in settlement negotiations of this action and, at the time of the ""automatic"" dismissal of the action, a motion was pending before the court. Subdivision (e) of rule II of the Rules for the Supreme Court, Queens County, and CPLR 3404, both of which provide for the dismissal of abandoned cases, suggest a ""presumption;"" they were not intended to apply where litigation is ""actually in progress"" (Marco v. Sachs, 10 N.Y.2d 542, 550). The delay here is of relatively short duration and was, in some degree,


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