Goodstein Construction Corp. v. City of New York

—Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered October 23, 1996, which granted plaintiffs’ motion to vacate the dismissal of the action pursuant to CPLR 3404, and order, same court and Justice, entered March 25, 1997, which, insofar as appealable, denied defendant’s motion to renew, unanimously affirmed, without costs.

*167The motion to vacate dismissal of the action pursuant to CPLR 3404 was properly granted in light of the plaintiffs excusable lack of awareness that the case had been marked off the calendar at a time when an appeal was pending before the Court of…