Honeoye Falls-Lima Central School District v. Leo J. Roth Corp.

Order unanimously affirmed, with costs. Memorandum: This case was stricken from the general docket and dismissed for neglect to prosecute by entry of the court clerk pursuant to CPLR 3404. Thus defendants’ motions at Special Term to dismiss the complaint were unnecessary and moot. Special Term properly granted defendants’ motions to strike plaintiff’s note of issue since no action was pending when the note of issue was filed. Plaintiff’s cross motion to restore the case to the Trial Calendar was not the proper remedy. We have held that in these circumstances a case may not be restored in the…