Park Royal Associates, Inc. v. Campbell-Lehrman

OPINION OF THE COURT

Richard S. Lane, J.

Respondent’s motion to dismiss premised on a prior proceeding pending is denied.

The prior proceeding was marked off calendar several years ago and a motion to restore was denied more than a year ago. Accordingly, the prior proceeding is deemed abandoned and dismissed pursuant to section 2900.17 of the rules of this court (22 NYCRR).

I concede that Bieniek v Miller Drug Stores (25 AD2d 941), cited by respondent, suggests a contrary result. In that case there had been an order of preclusion for failure to serve a bill of particulars, and the Fourth…