Mitchelltown Apartments, Inc. v. GMAC Commercial Mortgage Corp.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about March 14, 2001, which denied plaintiff’s motion to restore the action, previously dismissed, apparently pursuant to CPLR 3404, to the calendar, unanimously reversed, on the law, without costs or disbursements, the motion granted and the complaint reinstated.

This action, asserting causes of action for fraud, breach of contract and negligence against defendant arising out of plaintiff’s attempt to refinance six properties located in Nassau County, was marked off the calendar on or about August 7, 1998 for failure to…