Saunders v. Riverbay Corp.

*138Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered July 14, 2004, which, upon reargument of the court’s prior determination dated October 28, 2003, granted plaintiffs’ motion to restore the action to the court’s pre-note-of-issue calendar, unanimously reversed, on the law, without costs, and the motion denied.

The motion court erred in reversing itself and granting the motion to restore. The complaint was properly dismissed pursuant to 22 NYCRR 202.27 (b) notwithstanding the fact that the dismissing court never issued an order of dismissal or referred to that provision as the…