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BAJE REALTY CORP. v. CUTLER

284 A.D.2d 282 (2001)

728 N.Y.S.2d 443

BAJE REALTY CORP., Appellant-Respondent, v. ALICE CUTLER, as Executrix of ARTHUR CUTLER, Deceased, et al., Respondents-Appellants and Third-Party Plaintiffs-Respondents-Appellants. ROBERT C. BIANCO et al., Third-Party Defendants-Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 28, 2001.

As a threshold matter, we reject defendants' argument that the motions of plaintiff and the third-party defendants here at issue are precluded as abandoned pursuant to 22 NYCRR 202.48 (a) and (b). Although the movants' failure to show good cause for not timely settling Justice Cohen's order, granting their prior motion insofar as to dismiss nine of the causes in the third-party complaint, rendered their original motion to dismiss abandoned (see, Feldman v New York City...

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