NEPOMNIASCHI v. GOLDSTEIN


182 A.D.2d 743 (1992)

Anatoli Nepomniaschi et al., Respondents, v. Allen J. Goldstein, Appellant, et al., Defendants

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

April 20, 1992


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Under CPLR 3404, a case stricken from the trial calendar and not restored within a year thereafter is deemed abandoned and automatically dismissed for neglect to prosecute. The instant case was marked off the trial calendar on October 22, 1987, and the plaintiffs' motion to restore the case to the calendar was made in April 1990 approximately two and one-half years later. Therefore...

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