Builders Apartment Corp. Condominium v. Gingold

In an action to recover damages for injury to property, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated January 23, 2006, as denied its motion for leave to renew its prior motion to restore the action to the trial calendar, which was determined in a prior order of the same court (LeVine, J.), dated October 14, 2004.

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

A case stricken from the trial calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be…