Basetti v. Nour

Since the 1950’s only trial-ready cases have been permitted to be placed on the trial calendar. The focus of my dissent is that by today’s ruling we are permitting the restoration of a 10-year-old medical malpractice case to the trial calendar that is not trial ready.

My colleagues in the majority construe CPLR 3404 to require the court to permit restoration of a case to the trial calendar without requiring trial readiness, provided that restoration is sought within a year from the case being marked “off.” I do not believe that either the history or language of CPLR 3404 requires such a…