Santiago v. Petschauer

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Milano J.), dated February 26, 1993, which granted the defendants’ motion pursuant to CPLR 3404 to dismiss the action as abandoned.

Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly granted the defendants’ motion to dismiss the action pursuant to CPLR 3404 as abandoned because, once the case had remained "marked off” the calendar for over one year, the case was automatically dismissed for neglect to prosecute (see, CPLR 3404;…