Watson v. New York City Housing Authority

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about February 22, 2001, which denied plaintiffs motion to restore her action to the calendar pursuant to CPLR 3404, and granted defendant’s cross motion to dismiss the action pursuant to CPLR 3404 and General Municipal Law § 50-h, unanimously reversed, on the law, without costs, the motion granted, the cross motion denied, and the complaint reinstated.

Because no note of issue has been filed in this action, CPLR 3404 is not applicable, and the action cannot be deemed dismissed pursuant to that statute (see, Johnson v…