O'Connell v. City Wide Auto Leasing, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 28, 2003, as granted the plaintiffs motion to restore the case to the active calendar and to extend the time to file a note of issue.
*683Ordered that the order is affirmed insofar as appealed from, with costs.
The record is unclear as to whether this action was dismissed or purportedly “marked off” the active calendar when the plaintiff failed to appear at a compliance conference on January 23, 2001. If the action was dismissed pursuant…
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