WACHTER v. CITY OF NEW YORK


300 A.D.2d 129 (2002)

750 N.Y.S.2d 761

RUBY WACHTER, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided December 17, 2002.


As conceded by defendant City, plaintiff's pre-note of issue case should not have been struck from the calendar pursuant to CPLR 3404 (see Johnson v Sam Minskoff & Sons, 287 A.D.2d 233, 235), and, in view of that circumstance and the absence of any other ground for marking the case off the calendar, plaintiff's motion to restore should have...

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