McKenna v. Solomon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant Harry Gootar appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated October 6, 1997, which granted the plaintiffs motion to restore the action, which had been dismissed pursuant to CPLR 3404, to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
Under CPLR 3404, a case stricken from the trial calendar and not restored within one year thereafter is deemed abandoned and automatically dismissed for neglect to prosecute. The instant case was marked…
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