Ebenstein v. Cole Cab Corp.

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about November 2, 2000, which denied plaintiff’s motion to vacate the CPLR 3404 dismissal of this action and extend the time to file a note of issue, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted. Plaintiff shall not file his note of issue until after the expiration of 90 days from service of this order, with notice of entry, during which time all outstanding discovery shall be completed.

Given the totality of the circumstances, Supreme Court…