Burgos v. 2915 Surf Ave. Food Mart, Inc.

Order, Supreme Court, Bronx County (Janice Bowman, J.), entered July 10, 2001, which denied the motion by plaintiff to restore the action to the trial calendar pursuant to CPLR 3404, unanimously reversed, on the law, the facts and in the exercise of discretion, with costs, the motion granted and the complaint reinstated. Appeal from order, same court and Justice, entered on or about October 28, 2001, which denied the motion by plaintiff for leave to “renew,” unanimously dismissed, without costs, as taken from a nonappealable order.

Pursuant to a court notice mailed to the parties, the IAS…