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HERNANDEZ v. CITY OF NEW YORK

290 A.D.2d 416 (2002)

736 N.Y.S.2d 604

EDUARDO HERNANDEZ, Respondent, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Appellant. PIERRE HOTEL, Third-Party Defendant-Appellant.

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

Decided January 14, 2002.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the appellants' contentions, the plaintiff was not required to demonstrate the elements necessary to restore an action to the trial calendar established under CPLR 3404 (see generally, Basetti v Nour, 287 A.D.2d 126). We agree with the Supreme Court that the evidence demonstrated that the case in fact was not marked off, struck from the calendar, or unanswered...

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