Julius Feldman, M.D., P.C. v. Allstate Insurance

OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and plaintiffs motion to restore the action to the trial calendar denied without *44prejudice to renewal upon proper papers.

22 NYCRR 208,14, governing calendar defaults, restorations and dismissals in the New York City Civil Court, provides in subdivision (c) in pertinent part as follows:

“Actions stricken from the calendar may be restored to the calendar * * * by motion on notice to all other parties, made within one year after the action is stricken. A motion must be supported by affidavit by a person having firsthand…