Fiorello v. South Shore Dental Associates, P. C.

—In an action to recover damages for dental malpractice, the plaintiff appeals from an order of the Supreme County, Suffolk County *324(Gerard, J.), dated March 20, 1992, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3404 and denied her cross motion to restore the case to the trial calendar.

Ordered that the order is reversed, as a matter of discretion, with costs, the defendants’ motion is denied, and the cross motion is granted.

Under CPLR 3404, a case stricken from the trial calendar and not restored within one year thereafter is deemed abandoned and is dismissed…