DOKAJ v. RUXTON TOWER LTD. PARTNERSHIP


55 A.D.3d 661 (2008)

865 N.Y.S.2d 653

DON DOKAJ et al., Appellants, v. RUXTON TOWER LIMITED PARTNERSHIP et al., Respondents. (And a Third-Party Action.)

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

October 14, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion, in effect, to vacate the automatic dismissal of the action pursuant to CPLR 3404 is granted.

In an order dated May 9, 2000, issued after the plaintiffs filed a note of issue, the Supreme Court granted motions to compel certain discovery. In so doing, the court indicated that because "discovery had not been completed," the note of issue was "stricken," and could be...

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