Johnson v. Ford

Appeal from order, Supreme Court, Bronx County (Sallie Manzanet, J), entered on or about December 23, 2004, which denied plaintiffs’ motion to reargue (denominated a motion to restore the action to the trial calendar), dismissed, without costs, as taken from a nonappealable paper.

Plaintiffs previously moved to restore the action to the trial calendar pursuant to CPLR 5015 (a) (1). The motion court denied that motion, commenting that since the case had been dismissed due to plaintiffs’ failure to appear at numerous pretrial conferences, plaintiffs’ proper remedy was a motion to restore…