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CASAVECCHIA v. MIZRAHI

62 A.D.3d 741 (2009)

877 N.Y.S.2d 906

JOSEPH CASAVECCHIA SR., Respondent, v. WILLIAM W. MIZRAHI et al., Appellants.

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

Decided May 12, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion to "restore" this action to the active calendar after it had been marked "disposed," given that CPLR 3404 does not apply to this pre-note of issue action (see Lopez v Imperial Delivery Serv., 282 A.D.2d 190 [2001]), there was no 90-day notice pursuant to CPLR 3216, and there was no order dismissing the complaint pursuant...

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