FIORELLO v. SOUTH SHORE DENTAL ASSOCS.


203 A.D.2d 323 (1994)

612 N.Y.S.2d 923

Maureen Fiorello, Appellant, v. South Shore Dental Associates, P. C., et al., Respondents

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

April 11, 1994


Ordered that the order is reversed, as a matter of discretion, with costs, the defendants' motion is denied, and the cross motion is granted.

Under CPLR 3404, a case stricken from the trial calendar and not restored within one year thereafter is deemed abandoned and is dismissed for neglect to prosecute. However, the failure to timely restore the case to the trial calendar creates only a presumption of abandonment, which...

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