Practice point: An order striking a note of issue pending the completion of discovery is not the equivalent of an order marking the action off the calendar pursuant to CPLR 3404.
Practitioners should note that the action will be restored to the trial calendar when plaintiff files a new note of issue, which does not require the Court’s prior permission.
Case: Lane v. New York City Housing Authority, NY Slip Op 04203 (2d Dept. 2009).
The opinion is here.
Tomorrow’s issue: Motion practice.
There is another instructive case here.
