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SEWELL v. NEW YORK CITY HOUSING AUTHORITY

306 A.D.2d 81 (2003)

759 N.Y.S.2d 860

DOTHLYN SEWELL, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, and SRM CONSTRUCTION CORPORATION, Defendant and Third-Party Plaintiff. ENRICO & SONS CONTRACTORS, INC., Third-Party Defendant-Respondent.

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

Decided June 10, 2003.

The court lacked statutory authority to deny plaintiff's motion to restore the action to active status or to dismiss the case pursuant to CPLR 3404. As we have recently stated, section 3404 applies only to cases for which a note of issue has been filed (Johnson v Minskoff & Sons, 287 A.D.2d 233 [2001]; see also Lopez v Imperial Delivery Serv., 282 A.D.2d 190...

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