McIntire Associates, Inc. v. Glens Falls Insurance

Order unanimously reversed, with costs, and motion denied. Memorandum: It was an improvident exercise of discretion for Special Term to restore the action to the Supreme Court Calendar of Erie County. It had been placed on the General Docket on March 6, 1969 and because no application to restore it was made, it was deemed abandoned and automatically dismissed on March 7, 1970 pursuant to CPLR 3404 (see, also, 22 NYCRR 1024.13). For nearly two years following a demand for a bill of particulars served on plaintiff’s attorneys on January 10, 1970 there was no action taken until December 7, 1971…