Jarrett v. City of New York

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about August 15, 2001, which denied plaintiffs motion to, inter alia, restore this action to active status, unanimously reversed, on the law, without costs, the motion granted to the extent of restoring the matter to the active pre-note of issue calendar, and the matter remanded for further proceedings.

As conceded by defendant, the motion court erred in denying plaintiff’s motion to restore the action to active status. Since no note of issue had been filed, the court had no authority to dismiss the action pursuant to CPLR…