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KLOTZ v. CITY OF NEW YORK

303 A.D.2d 205 (2003)

755 N.Y.S.2d 599

ALAN KLOTZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 11, 2003.

"[M]arking a case off a pre-note of issue calendar is simply not a penalty available to the court when the plaintiff fails to appear at a pre-note of issue conference or other pre-note of issue proceeding." (Jiles v New York City Tr. Auth., 290 A.D.2d 307, 307 [2002].) Defendants commendably concede that the court erred in denying plaintiff's motion to restore this pre-note case to active status. Plaintiff's motion to restore the...

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