3404 again
Court clarifies when CPLR 3404 dismissal rule applies based on why case was removed from trial calendar - discovery issues vs. trial unpreparedness matters.
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5 articles by Jason Tenenbaum, Esq.
CPLR 3404 does not apply
Court ruling highlights how NYC Civil Court's Uniform Rules require stricter standards than CPLR 3404 when restoring stricken cases to calendar.
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Marked off and cannot be dismissed on motion
New York Civil Court cases marked off the calendar cannot be dismissed under CPLR 3404, but may remain dormant indefinitely without revival options.
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3404 and 3216 collide – well somewhat
Court ruling on CPLR 3404 vs 3216 dismissal motions in no-fault insurance breach of contract case, discussing procedural requirements and litigation delays.
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A Case and Reserves That Will Remain in Limbo: Understanding New York No-Fault Insurance Law
Learn how New York court calendar restoration rules create legal limbo for personal injury cases, keeping insurance reserves tied up indefinitely in Long Island and NYC.
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