Royster v. Lopez

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated June 3, 1997, which granted the plaintiffs’ motion to restore the matter to the trial calendar by, in effect, vacating the automatic dismissal pursuant to CPLR 3404, and expressly vacating the prior note of issue without prejudice to filing of a new note of issue, and, upon such filing, restoring the action to the trial calendar.

*460Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion is denied.

A party seeking to…