Cargo Group, Inc. v. Murphy

In an action, inter alia, for injunctive relief and to recover damages for the alleged breach of an employment contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated October 25, 1995, which denied its motion to vacate a prior order of the same court, dated August 29, 1994, which held that the complaint had been automatically dismissed pursuant to CPLR 3404.

Ordered that the order is affirmed, with costs.

A party seeking to restore a matter to the trial calendar after it has been dismissed pursuant to CPLR 3404 must show the existence of a…