Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.
The Supreme Court erred in denying the plaintiffs' motion to "restore" this action to active status. CPLR 3404 does not apply to this pre-note of issue action (see Lopez v Imperial Delivery Serv.,
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