Opinion
February 1, 1999
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is reversed insofar as appealed from, with costs, that branch of the defendants' motion which was to dismiss the complaint is granted, and the complaint is dismissed.
By order dated November 13, 1996, the Supreme Court, Nassau County (O'Brien, J.), marked the plaintiffs' action off the calendar "with leave to renew by notice of motion within 90 days". Since the plaintiffs failed thereafter to restore the action to the calendar, the Supreme Court should have deemed the action abandoned and dismissed it for neglect to prosecute ( see, CPLR 3404).
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.