Marked off and cannot be dismissed on motionMarch 18, 2014

Q-B Jewish Med. Rehabilitation, P.C. v Metlife Ins. Co., 2014 NY Slip Op 50354(U)(App. Term 2d Dept. 2014)

CPLR 3404 does not apply to Civil Court and the Uniform Rule does not allow dismissal of marked off cases.  However, the case may never be revived.

“Contrary to defendant’s assertion, the Civil Court rule which governs actions stricken from the calendar (Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.14) has no provision for dismissing a complaint as abandoned (see Chavez v 407 Seventh Ave. Corp., 39 AD3d 454, 456 [2007]).”

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