Key Takeaway
New York Civil Court cases marked off the calendar cannot be dismissed under CPLR 3404, but may remain dormant indefinitely without revival options.
When a case gets marked off the court calendar in New York, defendants often assume they can seek dismissal for abandonment. However, the procedural rules governing Civil Court cases create a unique situation that differs significantly from Supreme Court practice. Understanding these distinctions is crucial for attorneys practicing in Civil Court, particularly in no-fault insurance disputes and personal injury cases.
In Civil Court, CPLR 3404 does not apply — the statute that allows dismissal of cases for failure to take action within a year in Supreme Court. Instead, Civil Court operates under the Uniform Rules for New York City Civil Court, which governs how marked-off cases are handled. This creates an interesting procedural limbo where cases cannot be dismissed for abandonment, yet may remain indefinitely stalled.
The implications extend beyond simple calendar management. Even when cases are marked off, certain procedural deadlines continue to run. For instance, the 120-day time period for summary judgment motions remains in effect regardless of calendar status.
Jason Tenenbaum’s Analysis:
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 § 208.14) has no provision for dismissing a complaint as abandoned (see Chavez v 407 Seventh Ave. Corp., 39 AD3d 454, 456 ).”
Key Takeaway
While Civil Court defendants cannot obtain dismissal of marked-off cases under abandonment theories, plaintiffs face the practical reality that their cases may remain dormant indefinitely. This procedural quirk requires strategic consideration from both sides — defendants must pursue alternative dismissal grounds, while plaintiffs must actively manage their cases to avoid indefinite calendar limbo.
Legal Update (February 2026): Since this post’s publication in 2014, the Uniform Rules for New York City Civil Court may have undergone amendments affecting marked-off case procedures and calendar management practices. Additionally, appellate decisions may have further clarified the distinction between Civil Court and Supreme Court abandonment standards under CPLR 3404. Practitioners should verify current Civil Court rules and recent case law regarding marked-off cases and procedural deadlines.
