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KHAOLAEAD v. LEISURE VIDEO

18 A.D.3d 820 (2005)

796 N.Y.S.2d 637

MAX KHAOLAEAD et al., Respondents, v. LEISURE VIDEO, Appellant, et al., Defendants.

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

May 31, 2005.

Ordered that the order is affirmed, without costs or disbursements.

This action, stemming from an incident in December 1990, allegedly was marked "disposed" by the court computer at a time when no note of issue had been filed. The plaintiffs moved to "restore" the action to active pre-note of issue status. In effect, the plaintiffs sought to vacate the alleged "disposed" marking. The case was never dismissed pursuant to CPLR 3404, nor was it dismissed pursuant to...

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