Dunne v. McGuirk

Appeal from an order of the Supreme Court at Special Term, entered August 24, 1973 in Rensselaer County, which granted a motion by plaintiff to restore the action to the Trial Calendar and denied defendants’ motion to confirm the dismissal of the action. This action was commenced by the service of a summons and complaint, verified November 6,1959. In 1968, defendants moved to dismiss the amended complaint and in 1969 the motion was denied. The action was placed on the Deferred Calendar in September, 1971. In September, 1972, the action was struck from the calendar pursuant to CPLR 3404 and…