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PIERRE v. LO-RAC FUEL CORP
Appellate Division of the Supreme Court of New York, Second Department.
Oct 9, 2001
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DECISION ORDER
ORDERED that the appeal from the order dated July 13, 2000, is dismissed, as that order was superseded by the order dated August 28, 2000, made upon renewal; and it is further,
ORDERED that the order dated August 28, 2000, is reversed insofar as appealed from, on the law, the order dated July 13, 2000, is vacated, and the plaintiff's motion to restore the action to the trial calendar is granted; and it is further,
ORDERED that the appellant is awarded one bill of costs.
In light of this court's decision in Basetti v. Nour (___ A.D.2d ___ [2d Dept., Oct. 1, 2001]), the plaintiff's timely motion to restore the action to the trial calendar should have been granted.
RITTER, J.P., KRAUSMAN, FLORIO and FEUERSTEIN, JJ., concur.
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