Ordered that the order is reversed, on the law, with one bill of costs, the motion is denied, and the complaint is reinstated.
This case was not marked "off" or struck from the trial calendar pursuant to CPLR 3404. Accordingly, the Supreme Court erred in dismissing the complaint pursuant to CPLR 3404 (see, Lopez v Imperial Delivery Serv.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.