OPINION OF THE COURT Feuerstein, J. The issue presented in this case is whether CPLR 3404, which provides that a case marked “ ‘off or struck from the calendar * * * and not restored within one year thereafter, shall be deemed abandoned and shall be dismissed,” should be applied to cases where no note of issue has been filed, i.e., cases which have not yet reached the trial calendar. It has become an all…
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