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179 MacDOUGAL EQUITIES, INC. v. NORTH REALTY CO.

232 A.D.2d 280 (1996)

648 N.Y.S.2d 551

179 MacDougal Equities, Inc., et al., Appellants, v. North Realty Co. et al., Respondents

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

October 22, 1996

The motion to restore was properly denied in the absence of a showing of activity during the year following the striking of the action from the calendar indicative of plaintiffs' intent not to abandon the action (CPLR 3404; see, Curtin v Grand Union Co., 124 A.D.2d 918, 919). Indeed, there does not appear to have been any activity for a period of some three and a half years following...

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