Braun v. Safdie

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 23, 2002, which granted the plaintiffs’ motion to restore the action to the trial calendar.

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

This action was marked off the trial calendar in May 2001 and automatically dismissed in May 2002 pursuant to CPLR 3404. The plaintiffs did not move to restore the action until November 2002. Under these circumstances, the plaintiffs were required to establish…