Mauro v. Techni-Plate, Inc.

— In an action, inter alia, to recover damages for breach of contract, the appeal is from an order of the Supreme Court, Westchester County (Marbach, J.), dated August 25, 1982, which denied the appellants’ motions to dismiss plaintiffs’ complaint as to them and granted plaintiffs’ cross motion, inter alia, to restore the case to the Trial Calendar. Order reversed, on the facts and in the exercise of discretion, with costs, appellants’ motions to dismiss the complaint as to them are granted, and plaintiffs’ cross motion is denied. “CPLR 3404 deems abandoned an action marked off the calendar…