Missos v. General Motors Corp.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about June 9, 2005, which granted defendant’s motion to dismiss the action for want of prosecution, unanimously affirmed, without costs.

Defendant served a 90-day notice on December 20, 2003 and moved to dismiss 10 months later on October 21, 2004. Plaintiffs attorney states that he attempted to file a note of issue in February 2004 but was told by the Clerk that he needed a stipulation or court order restoring the case to a calendar from which it had been stricken, apparently by mistake, in September 1998 (it…