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TEJEDA v. DYAL

14363N, 25459/02.

125 A.D.3d 578 (2015)

1 N.Y.S.3d 818

CARMEN TEJEDA, Respondent, v. CHERISE M. DYAL, M.D., et al., Appellants.

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

Decided February 26, 2015.

As we previously held in reversing the grant of defendants' motion to dismiss this action as abandoned pursuant to CPLR 3404, once the note of issue and certificate of readiness were vacated and the matter struck from the trial calendar, this case reverted to pre-note of issue status, and CPLR 3404 is therefore inapplicable (see Tejeda v Dyal, 83 A.D.3d 539, 540 [1st Dept 2011], lv dismissed 17 N.Y.3d 923...

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