Meidel v. Ford Motor Co.

—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: When Special Term struck this case from the Trial Calendar pursuant to 22 NYCRR 1024.8 and permitted discovery to continue, it effectively placed the parties in a pre-note-of-issue status. By striking the case from the calendar, the note of issue and nonjury demand also fell. Therefore, the court erred when it conditioned restoration "as a non-jury cause”. The order of *992restoration pursuant to 22 NYCRR 1024.13 (c) requires a new note of issue and statement of…