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JPMORGAN CHASE BANK, N.A. v. MEHRNIA

2015-01467, Index No. 5805/10.

143 A.D.3d 946 (2016)

2016 NY Slip Op 07003

39 N.Y.S.3d 801

JPMORGAN CHASE BANK, N.A., Appellant, v. MEHRAN MEHRNIA et al., Defendants.

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

Decided October 26, 2016.

Ordered that the order is reversed, on the law, without costs or disbursements, and the plaintiff's motion to restore the action to the calendar is granted.

Contrary to the Supreme Court's conclusion, the plaintiff properly moved to restore the action to active status, rather than moving to vacate a dismissal of an action (see Reed v Cornell Univ., 101 A.D.3d 840 [2012]; Rakha v Pinnacle Bus Servs.,

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