AGLI v. O'CONNOR

2011-03729.

92 A.D.3d 815 (2012)

939 N.Y.S.2d 112

2012 NY Slip Op 1417

MICHAEL AGLI, Appellant, v. JAMES T. O'CONNOR et al., Respondents.

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

Decided February 21, 2012.


Ordered that the order is affirmed, with costs.

A case in the Supreme Court marked off or struck from the trial calendar and not restored within one year thereafter shall be deemed abandoned and shall be dismissed for neglect to prosecute (see CPLR 3404). Here, it is undisputed that the case was marked off the trial calendar and not restored within one year thereafter (id.). A plaintiff seeking to restore a case to the trial calendar more than one year...

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