Renhe Zhang v. Gerald W. Purcell Assoc., Ltd.

Summary

The New York Appellate Division, Second Department, affirmed an order denying the plaintiff's motion to restore the action to the trial calendar. The court held that restoration was unavailable because the action had been dismissed under CPLR 3211(a)(8) for lack of personal jurisdiction, rather than dismissed under CPLR 3404 for neglect to prosecute.

Holdings

1. A motion to restore is appropriate for an action marked off or struck from the trial calendar and then dismissed under CPLR 3404 for neglect to prosecute, but an action dismissed under CPLR 3211(a)(8) for lack of personal jurisdiction cannot be restored by that procedure.

Questions Presented

1. Whether an action dismissed under CPLR 3211(a)(8) for lack of personal jurisdiction may be restored to the trial calendar by motion.

Disposition

affirmed