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RIVERA v. CITY OF NEW YORK

292 A.D.2d 246 (2002)

738 N.Y.S.2d 839

ROBERTO RIVERA, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 19, 2002.

Inasmuch as plaintiff never served and filed a note of issue, CPLR 3404 was inapplicable as a basis to dismiss the complaint (see, Johnson v Minskoff & Sons, 287 A.D.2d 233; see also, Jiles v New York City Tr. Auth., 290 A.D.2d 307). Counsel's erroneous notification to the court, in August 1998, that the case had been settled, was the only reason the matter was removed from the court...

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