La Sala v. Cornell

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered December 5, 2000, which denied plaintiffs’ motion to restore the action to the trial calendar, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and the action restored to the trial calendar.

Upon review of the record and in light of the strong public policy in favor of resolving cases on their merits, we find that the motion court improvidently exercised its discretion in denying plaintiffs’ motion to restore pursuant to CPLR 3404. The statement of plaintiffs’…