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123X CORP. v. McKENZIE

7 A.D.3d 769 (2004)

776 N.Y.S.2d 893

123X CORP., Respondent, v. BEVERLY A. McKENZIE et al., Appellants.

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

May 24, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion to "restore" this action after it had been marked inactive due to the parties' failure to appear at a status conference. CPLR 3404 does not apply to this pre-note of issue action (see Lopez v Imperial Delivery Serv., 282 A.D.2d 190 [2001]), there was no 90-day notice pursuant...

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