GENDUS v. SHERATON/ATLANTIC CITY WEST


302 A.D.2d 427 (2003)

754 N.Y.S.2d 895

GRACE GENDUS, Appellant, v. SHERATON/ATLANTIC CITY WEST, Respondent. (And a Third-Party Action.)

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

Decided February 10, 2003.


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

The Supreme Court erred in denying the plaintiff's motion to "restore" this action. The motion was made approximately four months after the action was marked off or deemed inactive due to the plaintiff's failure to appear at a duly-scheduled status conference. CPLR 3404 does...

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