BAEZ v. KAYANTAS


298 A.D.2d 416 (2002)

748 N.Y.S.2d 389

REINZ BAEZ, Respondent, v. KOSTAS KAYANTAS et al., Appellants.

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

Decided October 15, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3404 is inapplicable because the case was never marked off pursuant to that provision. Rather, the case was mistakenly marked settled by the court. Accordingly, the Supreme Court correctly restored the case to its prior position on the trial calendar (see Hernandez v City of New York, 290 A.D.2d 416

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