US Bank National Ass'n v. Madero

— Appeal by the defendants Miguel Madero and Martha Madero from an order of the Supreme Court, Richmond County (Desmond A. Green, J.), dated November 14, 2016. The order, insofar as appealed from, granted that branch of the plaintiff’s motion which was to restore the action to the active calendar.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the plaintiff’s motion which was to restore the action to the active calendar. CPLR 3404 does not apply to this pre-note of issue action (see WM Specialty Mtge., LLC v Palazzollo,…