Nieman v. Sears, Roebuck & Co.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about December 11, 2002, which denied plaintiffs renewed motion to vacate the dismissal of the action pursuant to CPLR 3404, unanimously affirmed, without costs.

We see no reason to, in effect, reconsider our affirmance of the motion court’s denial of plaintiffs original motion to vacate this action’s dismissal pursuant to CPLR 3404 (291 AD2d 291 [2002]). While plaintiff now argues that his case had not yet acquired post-note of issue status at the time of its dismissal and that the dismissal pursuant to CPLR 3404 was…