Turner v. City of New York

Judgment, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 5, 2015, dismissing the complaint, pursuant to an order, same court and Justice, entered October 17, 2014, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3404 and denied plaintiffs’ cross motion to deem the new note of issue properly filed, unanimously reversed, on the law, without costs, defendants’ motion denied, and plaintiffs’ cross motion granted.

The motion court erred in dismissing the negligence action pursuant to CPLR 3404. When the action was removed from the trial calendar, the…