O'Brien v. Groome

In an action to recover damages for breach of contract and upon a note, the defendants appeal from an order of the Supreme Court, Orange County (O’Gorman, J.), dated March 27, 1981, which, upon the plaintiffs’ motion, inter alia, to restore the case to the Trial Calendar, in effect, vacated a dismissal of the action under CPLR 3404 for neglect to prosecute and granted the relief requested by plaintiffs, upon condition that plaintiffs file a new note of issue and certificate of readiness. Order reversed, on the law, with $50 costs and disbursements, and plaintiffs’ motion is denied. This…