Dramer v. Board of Education

— In an action, inter alia, to recover damages for an alleged violation of the Education Law, the defendants appeal from an order of the Supreme Court, Nassau County (Oppido, J.), dated November 12, 1986, which granted the plaintiffs motion pursuant to CPLR 5015 and 3404 to vacate an automatic dismissal of the action and to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly exercised its discretion in restoring this action to the calendar under the circumstances herein (see, CPLR 3404; McLaughlin, Practice Commentary,…