Nieman v. Sears, Roebuck & Co.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered April 2, 2001, which, in a products liability action, denied plaintiffs motion to vacate the dismissal of the action pursuant to CPLR 3404 and to restore it to the trial calendar, unanimously affirmed, without costs.

Plaintiffs attorney asserts that the trial counsel he engaged in July 1997 did not advise him that the case was marked off the trial calendar in December 1997 for failure to produce certain expert disclosure, and that he did not learn of the resulting December 1998 CPLR 3404 dismissal until June 2000 when, in…