1. The Laws of New York
  2. Consolidated Laws
  3. Civil Practice Law & Rules
  4. Article 34: Calendar Practice; Trial Preferences


Section 3404 Dismissal of abandoned cases

Civil Practice Law & Rules (CVP)

Rule 3404. Dismissal of abandoned cases. A case in the supreme court or a county court marked "off" or struck from the calendar or unanswered on a clerk's calendar call, and not restored within one year thereafter, shall be deemed abandoned and shall be dismissed without costs for neglect to prosecute. The clerk shall make an appropriate entry without the necessity of an order.