Order reversed, without costs and motion to vacate the dismissal granted.
The action is restored to the Trial Calendar upon the filing of a statement of readiness. The parties were actively engaged in settlement negotiations of this action and, at the time of the "automatic" dismissal of the action, a motion was pending before the court. Subdivision (e) of rule II of the Rules for the Supreme Court, Queens County, and CPLR 3404, both of which provide for the dismissal...
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