Beringer v. B.C.P. Management Corp.

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered November 24, 1999, which, inter alia, denied plaintiffs motion to restore this case to the trial calendar, granted defendant’s motion to strike the note of issue, and sua sponte dismissed plaintiffs case as abandoned, unanimously reversed, on the *415law, the facts, and in the exercise of discretion, without costs, defendant’s motion denied, the matter restored to the trial calendar, and defendant directed to produce a witness with knowledge for deposition within 30 days of the date of this order. Appeal from order, same court…