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GUTIERREZ v. STEVEN LINCOLN-MERCURY, INC.

56 A.D.3d 525 (2008)

DIOS GUTIERREZ, Plaintiff, v. STEVEN LINCOLN-MERCURY, INC., et al., Respondents. EILEEN GUTIERREZ, Nonparty Appellant.

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

November 12, 2008.

Ordered that the order is affirmed, with costs.

This action was marked "disposed of" on November 2, 1990 when neither the plaintiff nor his attorney appeared in court for a scheduled status conference. The plaintiff died more than 14 years later without having restored the action to the active calendar, and his daughter Eileen Gutierrez was appointed administrator of his estate. In order to vacate the deceased plaintiff...

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