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Cassini v. William Doyle Galleries Inc.

Cassini's Widow Granted Vacatur of Order Dismissing Action, Restoring It to Court Calendar

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Marianne Cassini, Plaintiffv.William Doyle Galleries, Inc., d/b/a Doyle New York, Irwin Karabell, and John Does 1-4, Defendants

DECISION AND ORDER  Plaintiff Marianne Cassini is the widow of the noted fashion designer, the late Oleg Cassini. Ms. Cassini moves, pursuant to CPLR §5015(a)(1) and 22 NYCRR 208.14(c), to vacate a January 31, 2018, order of this court dismissing this action on account of her non-appearance in this matter on that day. Defendant William Doyle Galleries, Inc. (“Doyle Galleries”), opposes the motion and, alternatively, cross-moves, pursuant to CPLR §325, to remove this action to the Surrogate’s Court of the State of New York, County of Nassau, where proceedings are presently underway, titled In re Estate of Oleg Cassini, Nos. 342100, 343100. Defendant Irwin Karabell orally informed this court at oral argument on May 4, 2018, that he joins in Doyle Galleries’ opposition and cross-motion.ALLEGATIONAL AND PROCEDURAL BACKGROUNDThe plaintiff, Marianne Cassini, is the widow of noted fashion designer, the late Oleg Cassini, who designed and produced the wardrobe of the late First Lady Jacqueline Kennedy (Complaint

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