Tsioumas v. Time Out Health & Fitness

The July 2009 order, which was affirmed on a prior appeal (78 AD3d 619 [2010]), vacated an order dismissing the action for plaintiffs failure to restore it to the calendar within one year of it being marked off. Contrary to plaintiffs position, our order of affirmance in no way altered or modified the terms of the July 2009 order, which directed plaintiff to serve a copy of the order with notice of entry upon defendant within 20 days of the date the order was issued and stated that “plaintiff may move ... to restore this action to the trial calendar” upon compliance with the court’s…