Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the complaint is reinstated.
Since there is no evidence that a note of issue was filed in the action placing the action on the court's calendar (see, CPLR 3402), the court incorrectly relied on CPLR 3404 in dismissing the action. Rather, the provision governing dismissal of this action was CPLR 3216 (see, Seigel, NY Prac §§ 375, 376, at 556-561...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
