In Gorski v. St. John's Episcopal Hospital, 36 A.D. 3rd 757, 830 NYS2d 196 (2d Dept. 2007) all parties had agreed to strike the Note of Issue on June 5, 2002, and thereafter on July 14, 2003, the Court marked the case "stricken". On appeal, the Second Department found that the July 14th action did not constitute a "marking off" pursuant to CPLR 3404, and as no 90 day notice had been served, restoration of the action was automatic. Simply put, the case was in pre Note of Issue status after the striking of the Note of Issue, and no 90 day notice had been served either by defendant or the Court. Under those facts, restoring the case to active pre Note of Issue status was automatic. In the instant matter, the case was "marked off" in 1996, and no action of any kind has taken place for 13 years.