Lebron v. New York City Housing Authority

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered April 10, 1998, which deemed plaintiffs motion to restore the action to the trial calendar as one to vacate the dismissal of the action pursuant to CPLR 3404, and granted the motion, unanimously affirmed, without costs.

The motion to restore was properly treated as one to vacate a CPLR 3404 automatic dismissal (see, Syndicate Bldg. Corp. v Lorber, 193 AD2d 506, 507; Kassover v Diamonds Run, 193 AD2d 515). The motion was properly granted upon a showing of merit made in the verified complaint (see, Salch v Paratore, 60 NY2d 851;…