Friedman v. Friedman

—In an action to recover damages for *294personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated September 18, 1998, which denied her motion to vacate the automatic dismissal of the complaint pursuant to CPLR 3404 and to restore the action to the trial calendar.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the action is restored to the trial calendar.

A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate…