VARRICCHIO v. STERLING

2010-07178.

86 A.D.3d 535 (2011)

926 N.Y.S.2d 320

2011 NY Slip Op 5802

ERNEST VARRICCHIO, Appellant, v. DENNIS STERLING et al., Respondents.

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

Decided July 5, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was to restore the action to active status is granted.

On July 16, 2008, this pre-note of issue action was marked "other final disp." after the parties failed to appear for a compliance conference. CPLR 3404 does not apply to this pre-note of issue action (see Mitskevitch v City of New York...

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