Balducci v. Brookdale Hospital Medical Center

—In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Held, J.), dated June 2, 1999, as granted the plaintiff’s motion to vacate the automatic dismissal of the action entered pursuant to CPLR 3404.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is dismissed.

“A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a…