Fanning v. Freedman

A review of the motion papers suggests that moving counsel is laboring under the misimpression that this action was "marked off" the CCP I trial calendar on August 29, 2003, and that the instant application was made within the crucial, following one year period. Accordingly, plaintiff perceives that restoration is available upon request. (see, Basetti v Nour, 287 AD2d 126, 134-135; see also, Siegel, Supplemental Practice Commentaries, Mc Kinneys Cons. Laws of NY, C3404:5 [2002])