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GERARD R. LEAR, as Administrator of the Estate of HANS-DIETER LEPRICH, Deceased, et al., Appellants, v. NEW YORK HELICOPTER CORP. et al., Respondents, et al., Defendants. (Appeal No. 91-06533.)

Ordered that the order is affirmed insofar as appealed from, with costs.

The case was removed from the trial calendar as a result of the plaintiffs' motion for leave to serve an amended and supplemental bill of particulars, and the plaintiffs were not entitled to have the case restored to its original position on the calendar. Rather, once the action was ready for trial, the court acted properly in restoring it to the normal position at the foot of the calendar (see, Buck v Pritchard, 75 A.D.2d 719). Sullivan, J.P., Miller, Copertino and Pizzuto, JJ., concur.

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LEAR v. NEW YORK HELICOPTER CORP
(Apr 19, 1993)