Countrywide Home Loans, Inc. v. Gibson

In an action, inter alia, to foreclose a mortgage, the defendant Brett Jones appeals from an order of the Supreme Court, Kings County (Kurtz, J.), dated May 22, 2012, which granted the plaintiffs motion to restore the action to the active calendar, and pursuant to CPLR 3025 for leave to amend the complaint so as to assert certain additional causes of action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the plaintiffs motion which was to restore this action to the active calendar. CPLR 3404 does not apply to this pre-note of issue ac*876tion (see…