LAUREN KAMENSKY, ALSO KNOWN AS LAUREN WILBERT, app-res, v. IAN SAVAGE AND KELLY DEMATO, res-app

2015-856 S C. LAUREN KAMENSKY, ALSO KNOWN AS LAUREN WILBERT, app-res, v. IAN SAVAGE AND KELLY DEMATO, res-app — Appeal and cross appeal from an order of the District Court of Suffolk County, Sixth District (Linda J. Kevins, J.), dated March 24, 2015. The order, insofar as appealed from by plaintiff, denied plaintiff's motion to vacate the dismissal of the complaint and to restore the action to the calendar. The order, insofar as cross-appealed from by defendants, denied as moot the branch of defendants' cross motion seeking to dismiss the complaint for failure to prosecute and denied the branch of defendants' cross motion seeking the imposition of sanctions and the payment of attorney's fees.

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2015-856 S C. LAUREN KAMENSKY, ALSO KNOWN AS LAUREN WILBERT, app-res, v. IAN SAVAGE AND KELLY DEMATO, res-app — Appeal and cross appeal from an order of the District Court of Suffolk County, Sixth District (Linda J. Kevins, J.), dated March 24, 2015. The order, insofar as appealed from by plaintiff, denied plaintiff’s motion to vacate the dismissal of the complaint and to restore the action to the calendar. The order, insofar as cross-appealed from by defendants, denied as moot the branch of defendants’ cross motion seeking to dismiss the complaint for failure to prosecute and denied the branch of defendants’ cross motion seeking the imposition of sanctions and the payment of attorney’s fees.

ORDERED that the order is modified by vacating so much thereof as denied plaintiff’s motion to vacate the dismissal of the complaint and to restore the action to the calendar, by providing that plaintiff’s motion is granted, and by deleting the words “as moot” from the provision denying the branch of defendants’ cross motion seeking to dismiss the complaint for failure to prosecute; as so modified, the order is affirmed, without costs.

LAUREN KAMENSKY, ALSO KNOWN AS LAUREN WILBERT, app-res, v. IAN SAVAGE AND KELLY DEMATO, res-app

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