Practice point: CPLR 3404 creates a rebuttable presumption that an action marked off the trial calendar and not restored within one year has been abandoned.
Practitioners should note that the court retains discretion to grant a motion to restore a case to the trial calendar after the one-year period has expired.
Case: Kahgan v. Alwi, NY Slip Op 08183 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Arbitration.
