LONDON v. ICELAND INC

ORDERED that the judgment is reversed, on the law, with costs, the order dated December 18, 2000, is vacated, the motions are denied, the complaint is reinstated insofar as asserted against the respondents, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The respondents' respective motions to dismiss the complaint pursuant to CPLR 3404 should have been denied since the case was not on the trial calendar (see, Lopez v. Imperial Delivery Serv., 282 A.D.2d 190; Cioffi v. Kennedy, 284 A.D.2d 491; Miller v. Duffy, 284 A.D.2d 380; Georgetown Mews Owners Corp. v. Campus Assocs., 283 A.D.2d 608).

RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.