Vasquez v. Gomez

*959OPINION OF THE COURT

Dianne T. Renwick, J.

Plaintiffs Heisen Vasquez and Emilia Vasquez commenced this action seeking to recover money damages for personal injuries sustained during an automobile accident. Defendants now move and cross-move for a court order dismissing the action as abandoned pursuant to CPLR 3404. This court, however, finds that the action is not subject to dismissal pursuant to CPLR 3404 since the case has never been marked “off’ calendar. Instead, the note of issue and certificate of readiness were vacated as premature, based upon defendant’s motion, made pursuant to Uniform…