P. Cubed Enterprises, Inc. v. Roach

1 Citing case

  1. Murray v. T.W. Smith Corp.

    286 A.D.2d 377 (N.Y. App. Div. 2001)   Cited 3 times

    The Supreme Court providently exercised its discretion in restoring this action. Since no note of issue had been filed, this action could not be dismissed pursuant to CPLR 3404 (see, Lopez v. Imperial Delivery Service, A.D.2d [2d Dept., May 14, 2001]; P. Cubed Enterprises v. Roach, 265 A.D.2d 537), and the appellant did not demonstrate any other basis for dismissal. BRACKEN, P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.