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FRONK v. YEUNG, M.D.

286 A.D.2d 972 (2001)

730 N.Y.S.2d 766

MICHELE FRONK, as Administrator of the Estate of JONATHAN FRONK, Deceased, Respondent, v. KAM YEUNG, M.D., Appellant.

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

Decided September 28, 2001.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion to dismiss this action as abandoned pursuant to CPLR 3404. As the court properly determined, the record contains no clear indication that the case had ever been "marked `off' or struck from the calendar or unanswered on a clerk's calendar call" (CPLR 3404; see, Auerbach v Kaufman, 173 A.D.2d 229, 230; Trustees of...

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