Santana v. Vargas

In an action to impose a constructive trust upon certain real property, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated July 21, 2009, which granted the plaintiffs motion to restore the action to the tried calendar.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ contention, the action was not marked “off’ or stricken from the trial calendar within the meaning of CPLR 3404 (see Freehill v ITT Sheraton Corp., 74 AD3d 876 [2010]; Long-Waithe v Kings Apparel Inc., 10 AD3d 413, 414 [2004]). Rather, the Supreme Court’s order…