CCS Communication Control, Inc. v. Patent

—Order, Supreme Court, New York County (Walter Schackman, J.), entered October 20, 1992, which, inter alia, denied defendants’ motion seeking to vacate the plaintiffs’ amended note of issue, filed on June 1, 1992, unanimously affirmed, with costs.

Under the circumstances of this case, it was not an improvident exercise of discretion for the IAS Court to deny defendants’ motion to vacate the plaintiffs’ amended note of issue and certificate of readiness as allegedly barred by an "automatic” dismissal of the underlying action under CPLR 3404.

Despite the seemingly definitive language of CPLR…