Opinion
June 15, 1998
Appeal from an order of the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is affirmed, with one bill of costs payable by the appellant to the respondents.
A motion to vacate the dismissal of an action pursuant to CPLR 3404 and to restore the matter to the calendar is addressed to the sound discretion of the trial court ( see, Carter v. City of New York, 231 A.D.2d 485; Smith v. City of New York, 203 A.D.2d 553). Under the circumstances of this case, where it is not clear that the case was marked off the calendar because of any fault of the plaintiffs, it cannot be said that the Supreme Court improvidently exercised its discretion in granting the plaintiffs' motion ( see, e.g., Holbrook v. United Hosp. Med. Ctr., 239 A.D.2d 317).
Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.