Chem Construction Corp. v. City of New York

opinion of the court

Frank Composto, J.

The records kept in the office of the calendar clerk of this court reveal that these consolidated actions were marked off the calendar on July 31, 1981. One year later, on August 2,1982, these actions were deemed abandoned and on that date they were dismissed pursuant to CPLR 3404.

CPLR 3404 provides as follows:

“R 3404. Dismissal of abandoned cases.

“A case in the supreme court or a county court marked ‘off’ or struck from the calendar or unanswered on a clerk’s calendar call, and not restored within one year thereafter, shall be deemed abandoned and shall…