Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion is denied, the branch of the defendant Mark Salkowitz's cross motion which is to dismiss the complaint insofar as it is asserted against him is granted, and the complaint is dismissed insofar as it is asserted against Mark Salkowitz.
Pursuant to CPLR 3404, a case that is stricken from the trial calendar and not restored thereto within a year is deemed abandoned...
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