Pickett v. Federated Department Stores, Inc.

*1117In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated January 6, 2010, which granted the plaintiffs’ motion to vacate the dismissal of the complaint and to restore the action to active status.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiffs’ motion to vacate the dismissal of the complaint and to restore the action to active status is denied.

The complaint in this action was dismissed on or about July 6, 2001, after the plaintiffs…