Rodriguez v. United Parcel Service, Inc.

*659In an action to recover damages for personal injuries, etc., the defendant United Parcel Service, Inc. of Ohio appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated June 25, 2004, which denied its motion pursuant to CPLR 3404 to dismiss the complaint insofar as asserted against it and granted the plaintiffs’ cross motion for leave to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

This action was marked off the calendar on March 6, 2003, and automatically dismissed one year later pursuant to CPLR 3404 when the plaintiffs failed to…