Board of Managers of the Lore Condominium v. Gaetano

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered June 5, 2015, which denied plaintiff’s motion to vacate an order, same court and Justice, entered December 24, 2013, which had sua sponte marked the case off the calendar, unanimously reversed, on the law, without costs, the motion to vacate granted, and the case placed back on the court’s prenote of issue calendar. Appeal from order entered December 24, 2013, unanimously dismissed, without costs, as academic.

The motion court erred when it effectively dismissed the complaint pursuant to CPLR 3216 (a) on the basis that…