Mandelli v. 10 Park Avenue Tenants Corp.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Jackson, J.), dated January 9, 2001, which denied their motion for leave to file a note of issue, and (2) an order of the same court, dated February 28, 2001, which granted the defendant’s - cross motion to dismiss the complaint purportedly pursuant to CPLR 3404.

Ordered that the orders are reversed, on the law, with costs to the plaintiffs, the motion for leave to file a note of issue is granted, and the cross motion is denied.

If no note of issue has been…