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REVELL v. NEW YORK CARES ORGANIZATION, INC.

307 A.D.2d 214 (2003)

763 N.Y.S.2d 259

TWAIN N. REVELL, Appellant, v. NEW YORK CARES ORGANIZATION, INC., et al., Respondents, et al., Defendant.

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

Decided July 24, 2003.

While it is true that a case which has been marked "off" the calendar and not restored within one year is deemed abandoned and is dismissed without costs pursuant to CPLR 3404, where, as here, no note of issue has been filed, CPLR 3404 is inapplicable (see Lourim v Keystone Shipping Co., 302 A.D.2d 313 [2003]; Johnson v Minskoff & Sons, 287 A.D.2d 233 [2001]).

Indeed, the dismissal...

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