Neidereger v. Hidden Park Apartments, Inc.

—In an action to recover damages for personal injuries, the plaintiff appeals' from a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered November 8, 2001, which, upon an order of the same court dated July 13, 2001, granting the defendant’s motion to dismiss the complaint pursuant to CPLR 3404 and, in effect, denying his cross motion to restore the case to the trial calendar, dismissed the complaint.

Ordered that the judgment is affirmed, with costs, so much of the order as granted the motion is vacated, and a provision denying the motion as unnecessary is added thereto.

This…