Ordered that the order is reversed, on the law, with costs, and the motion to restore the action to the trial calendar is granted.
By so-ordered stipulation dated June 5, 2002 the parties agreed to strike the note of issue and to restore the action to pre-note-of-issue status. Based on that so-ordered stipulation, the Supreme Court marked this action "stricken" on July 14, 2003. Since this action was in pre-note-of-issue status, the court's action on July 14, 2003 did not constitute a "marking off pursuant to CPLR 3404 ( see Lopez v Imperial Delivery Serv., 282 AD2d 190, 196-197; see also Andre v Bonetto Realty Corp., 32 AD3d 973; Reitman v St. Francis Hosp., 2 AD3d 429). Moreover, in the absence of a 90-day demand pursuant to CPLR 3216!, restoration of this action is automatic ( see Andre v Bonetto Realty Corp., supra; Klevanskaya v Khanimova, 21 AD3d 350). Accordingly, the court should have granted the plaintiffs' motion.