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PALMER v. GEORGE W. LONG, INC.

219 A.D.2d 854 (1995)

632 N.Y.S.2d 1008

Melody Palmer, Respondent, v. George W. Long, Inc., Doing Business as Sea Breeze Park, Appellant

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

September 29, 1995

Order unanimously affirmed without costs.

Memorandum:

There is no merit to the contention of defendant that Supreme Court erred in placing this case on the pre-note calendar for Supreme Court, Monroe County. CPLR 3404 does not apply to this case because by its very terms it applies only where a case is "marked `off' or struck from the calendar or unanswered on a clerk's calendar call, and not restored within one year thereafter". There is no evidence in the...

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