Spivey v. Bouteureira

Order, Supreme Court, New York County (Joan Madden, J.), entered April 20, 1998, which, in an action for personal injuries arising out of an automobile accident, denied plaintiffs motion to restore the action to the trial calendar and granted defendant’s cross motion to dismiss the action as abandoned pursuant to CPLR 3404, unanimously affirmed, without costs.

Plaintiffs counsel, who claims that he was never told by the court, and never received notice from his calendar service, that the case had been marked off the trial calendar at a pretrial conference at which plaintiff was directed to…