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SAUNDERS v. RIVERBAY CORPORATION

17 A.D.3d 137 (2005)

791 N.Y.S.2d 828

WILLIAM SAUNDERS et al., Respondents, v. RIVERBAY CORPORATION, Appellant. (And a Third-Party Action.)

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

April 7, 2005.

The motion court erred in reversing itself and granting the motion to restore. The complaint was properly dismissed pursuant to 22 NYCRR 202.27 (b) notwithstanding the fact that the dismissing court never issued an order of dismissal or referred to that provision as the basis of its decision (Campos v New York City Health & Hosps. Corp., 307 A.D.2d 785 [2003]). The case file shows that the matter was dismissed for failure to...

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