Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff.
This action was automatically dismissed pursuant to CPLR 3404 because it was not restored within one year of being marked off the calendar (see CPLR 3404). An automatic dismissal pursuant to CPLR 3404 is not with prejudice. The plaintiff can seek to restore the action to the calendar by demonstrating (1) a reasonable excuse for the failure to timely restore...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.