Anderson v. Maltz

—In an action, inter alia, to recover damages for dental malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 1, 2001, which denied his motion to vacate an automatic dismissal pursuant to CPLR 3404, and restore the action to the trial calendar.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the dismissal is vacated, and the action is restored to the trial calendar.

In July 1999 this dental malpractice action was marked off the trial calendar pursuant to a stipulation between the parties tó allow the…