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KASSOVER v. DIAMONDS RUN LTD.

193 A.D.2d 515 (1993)

597 N.Y.S.2d 408

Melody Kassover, Respondent, v. Diamonds Run Ltd., Defendant, and Wayne Diamond, Appellant

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

May 20, 1993

Assuming, in defendant's favor, that CPLR 3404 applies to cases marked off the calendar on consent of the parties as well as to cases struck due to a party's default or neglect (see, Williams Corp. v Roma Fragrances & Cosmetics, 166 A.D.2d 327; Escobar v Deepdale Gen. Hosp., 172 A.D.2d 486), it was not an abuse of discretion to restore...

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