McInerney v. Bentley Industries, Inc.

In an action to recover damages for personal injuries, etc., the third-party defendant Mac Whyte Company appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated April 10, 1981, which granted the renewed motion by the third-party plaintiff to vacate the clerk’s dismissal of the third-party action, pursuant to CPLR 3404, and to restore such action to the Trial Calendar. Order reversed, on the law, without costs or disbursements, and renewed motion to vacate the dismissal and restore the third-party action to the Trial Calendar is denied. Pursuant to a stipulation…