Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3404 to dismiss the complaint as abandoned is granted.
This case was marked off the trial calendar by an order of the Supreme Court dated May 21, 2012. Under CPLR 3404, a case not restored within a year after being marked off the trial calendar is deemed abandoned and automatically dismissed for neglect to prosecute...
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