Under the circumstances of this case, it was not an improvident exercise of discretion for the IAS Court to deny defendants' motion to vacate the plaintiffs' amended note of issue and certificate of readiness as allegedly barred by an "automatic" dismissal of the underlying action under CPLR 3404.
Despite the seemingly definitive language of CPLR 3404, dismissal for failure to restore an action within one year after it has been marked off the calendar is neither automatic...
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