Plotkin v. J.J. Nazzaro Associates, Ltd.

In an action, inter alia, to recover damages for breach of contract and injury to real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J„), dated June 19, 2012, which denied his unopposed motion to reinstate the note of issue and restore the action to the trial calendar.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion to reinstate the note of issue and restore the action to the trial calendar is granted.

On April 4, 2011, the Supreme Court marked this action off the trial calendar and, in a notation,…