When a plaintiff has failed to file a note of issue by a court-ordered deadline, the granting of a motion to restore the action to the active calendar is automatic, unless either a 90-day notice has been served pursuant to CPLR 3216 or there has been an order directing dismissal of the complaint pursuant to 22 NYCRR 202.27. In either of those circumstances, the court will consider whether the plaintiff had a reasonable excuse for failing to timely file the note of issue.
Alnoukari v. Nokari, NY Slip Op 01025 (2d Dep't February 25, 2026)
