Jankowicz v. New York City Health & Hospitals Corp.

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated March 15, 2000, which denied his motion pursuant to CPLR 3404 to restore the action to the trial calendar.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is granted.

This action was removed from the trial calendar to allow the plaintiff to move for leave to serve an amended and supplemental verified bill of particulars. Apparently, the action was thereafter restored to the trial calendar, because, by order…