Alleyne v. Penske Truck Leasing Corp.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered September 11, 2003, which granted plaintiffs’ motion to restore the action to the trial calendar, unanimously affirmed, without costs.

It appears that November 13, 1996, on the eve of trial, the case was “marked off’ the trial calendar at defendants’ request *175to abide an appeal they had taken from an order denying their motion to vacate the note of issue. The appeal was decided in plaintiffs’ favor on January 30, 1997 (235 AD2d 372 [1997]), but for unexplained reasons plaintiffs did not then restore the case to the calendar.…