A case and reserves that will remain in limboFebruary 3, 2012
First Help Acupuncture, P.C. v General Assur. Co., 2012 NY Slip Op 50142(U)(App. Term 2d Dept. 2012)
“An action that has been marked off the trial calendar, whether by consent of the parties or stricken by the court, which is not restored to the calendar within one year, may only be restored thereafter if the plaintiff demonstrates, inter alia, a meritorious cause of action and a reasonable excuse for the delay in moving to restore the case”
Since the Appellate Division, Second Department has held that 3404 can never serve as a means to dismiss these cases, this matter like many will be held in limbo forever. Thus, the reserves will also be remaining tied up forever.