CITY OF NEW YORK v. SUTPHIN TRUST

Since the clerk's call in the instant action was not of the type contemplated by CPLR 3404, and since the action was not marked off the court calendar, no presumption of abandonment arose pursuant to CPLR 3404, and, accordingly, the motion to dismiss the action as abandoned within the meaning of that statute was properly denied ( see, Smith v. Sheen, 216 A.D.2d 147; Banca Di Roma v. Tripodi Eyewear Intl., 219 A.D.2d 536; see also, Siegel, N.Y. Prac § 376, at 561 [2d ed]).

Concur — Rosenberger, J.P., Ellerin, Tom and Mazzarelli, JJ.