Vorontsova v. Priolo

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered February 13, 2008, which, in an action for medical malpractice, denied plaintiff’s motion to vacate the court’s dismissal of the action due to plaintiff’s failure to proceed to trial, unanimously reversed, on the law and the facts, without costs, the motion granted, and the action restored to the trial calendar.

The court improvidently exercised its discretion in sua sponte dismissing the action for failure to proceed to trial rather than *557marking it off the trial calendar. The record shows that defendants had not moved for…