August 22, 2008

Motion practice.

Practice point: If a matter is stricken from the trial calendar and designated as inactive, but not dismissed, a plaintiff seeking to restore is not required to submit an affidavit of merit or an explanation as to why the case was removed from active status.

Case: Ross v. Brookdale Univ. Hosp. & Med. Ctr., NY Slip Op 06597 (2d Dept. 2008)

The opinion is here.