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NIEMAN v. SEARS, ROEBUCK AND CO.

4 A.D.3d 255 (2004)

772 N.Y.S.2d 662

EDWARD A. NIEMAN, Appellant, v. SEARS, ROEBUCK AND Co., Respondent.

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

February 24, 2004.

We see no reason to, in effect, reconsider our affirmance of the motion court's denial of plaintiff's original motion to vacate this action's dismissal pursuant to CPLR 3404 (291 A.D.2d 291 [2002]). While plaintiff now argues that his case had not yet acquired post-note of issue status at the time of its dismissal and that the dismissal pursuant to CPLR 3404 was thus incorrect (see Johnson v Minskoff & Sons,

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