Arcate v. Cohen

Order, Supreme Court, New York County (Louis York, J.), entered January 11, 2001, which denied plaintiffs’ motion to vacate dismissal of the action for their failure to file a note of issue, unanimously reversed, on the law, without costs, the motion granted and the complaint reinstated. Appeal from order, same court and Justice, entered April 26, 2001, which denied plaintiffs’ motion to renew, unanimously dismissed, without costs, as academic.

*149Plaintiffs’ action was dismissed by reason of their failure to file a note of issue in accordance with an order extending their time to comply until 20…