CORPORATE VISIONS v. STERLING PROMOTIONAL

Appellate Division of the Supreme Court of New York, Second Department.

Sep 19, 2005

Judgment

CaseIQ

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Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is granted.

Under the circumstances, the Supreme Court should have granted the plaintiff's motion to "restore" this pre-note of issue case to active status ( see Long-Waithe v. Kings Apparel Inc., 10 AD3d 413; see also Lopez v. Imperial Delivery Serv., 282 AD2d 190; Kallicharan v. Coombes Props., Inc., 7 AD3d 578; cf. 123X Corp. v. McKenzie, 7 AD3d 769, 769-770).