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DAVID v. INTERFAITH MEDICAL CENTER

295 A.D.2d 557 (2002)

745 N.Y.S.2d 40

JACQUELINE DAVID, Appellant, v. INTERFAITH MEDICAL CENTER, Respondent.

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

Decided June 24, 2002.

Ordered that the order is reversed, on the law, with costs, the motion to restore is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

It is now well established that CPLR 3404 should be reserved strictly for cases that have reached the trial calendar (see Lopez v Imperial Delivery Serv., 282 A.D.2d 190, 199). Since the instant action was never placed on the trial calendar when...

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