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BENJAMIN, FOR. HILLS v. AUSTIN SHEPPARD
Appellate Division of the Supreme Court of New York, Second Department.
Oct 7, 2002
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion which was for leave to renew its prior motion to vacate dismissal of the action, and upon renewal, properly vacated the dismissal on condition that the plaintiff file a note of issue on or before a date certain.
ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.
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