Ordered that the order is affirmed insofar as appealed from, with costs.
A case in the Supreme Court marked off or struck from the trial calendar or unanswered on a clerk's calendar call, and not restored within one year thereafter, shall be deemed abandoned and shall be dismissed for neglect to prosecute (see CPLR 3404). Here, contrary to the plaintiff's contention, the action was marked dismissed due to the parties' failure to appear for a court appearance...
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