Plaintiffs previously moved to restore the action to the trial calendar pursuant to CPLR 5015 (a) (1). The motion court denied that motion, commenting that since the case had been dismissed due to plaintiffs' failure to appear at numerous pretrial conferences, plaintiffs' proper remedy was a motion to restore pursuant to CPLR 3404, and that there was a presumption of abandonment that plaintiffs failed to rebut. Instead of appealing that order, plaintiffs brought a second...
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