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JARRETT v. CITY OF NEW YORK

301 A.D.2d 391 (2003)

752 N.Y.S.2d 860

RICHARD JARRETT, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 9, 2003.

As conceded by defendant, the motion court erred in denying plaintiff's motion to restore the action to active status. Since no note of issue had been filed, the court had no authority to dismiss the action pursuant to CPLR 3404 and plaintiff's motion to restore the case to active status should have been granted (Jiles v New York City Tr. Auth., 290 A.D.2d 307; see also Pearl v City of New York, 293 A.D.2d...

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