Estevez v. Coleman

*227Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered June 16, 2004, which, in an action for medical malpractice, granted plaintiffs’ motion to settle an order restoring the action to the trial calendar upon condition that, inter alia, plaintiffs’ attorney pay $200, and order, same court and Justice, entered August 10, 2004, which granted plaintiffs’ cross motion to vacate a CPLR 3404 dismissal of the action and restore the action to the trial calendar, unanimously affirmed, without costs.

Plaintiffs show that after the action was marked off the calendar pursuant to…