Tejeda v. Dyal

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), entered October 6, 2009, dismissing the complaint alleging medical malpractice, and bringing up for review an order, same court and Justice, entered July 15, 2009, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3404, unanimously reversed, on the law, without costs, the judgment vacated, and the motion denied.

*540Dismissal of this action pursuant to CPLR 3404 was improper. Here, when the note of issue was previously vacated, the case reverted to its pre-note of issue status, thereby rendering CPLR 3404…