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MACDOUGAL EQUITIES, INC., et al., Appellants, v. NORTH REALTY CO. et al., Respondents.

The motion to restore was properly denied in the absence of a showing of activity during the year following the striking of the action from the calendar indicative of plaintiffs' intent not to abandon the action (CPLR 3404; see, Curtin v Grand Union Co., 124 AD2d 918, 919), Indeed, there does not appear to have been any activity for a period of some three and a half years following the striking of the action from the calendar. Plaintiffs' excuse that their attorney did not know that the case had been struck until she attempted to file a note of issue does not explain the three-year delay in filing the note of issue after disclosure had been completed.

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MACDOUGAL EQUITIES v. NORTH REALTY CO
(Oct 22, 1996)