Badillo v. Sheepshead Restaurant Associates, Inc.

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Johnson, J.), dated April 20, 2001, as granted that branch of the plaintiffs motion which was to “restore” the action and denied that branch of its cross motion which was to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Before a note of issue was filed, the case was marked “inactive” when the plaintiff failed to appear at a scheduled discovery conference. Since no note of issue had…