Engaging Discovery Proceedings After a Case Was Marked Off-Calendar

In Drucker v. Progressive Enters., 172 AD2d 481 [2d Dept 1991], the Second Department restored an action to the calendar after reviewing the record and discovering that the plaintiff had engaged in litigation during the year after the case was marked off-calendar. The Court stated that (at 482): "review of the procedural history of the matter before us reveals that the plaintiffs' counsel has not exercised diligence in moving this case to trial. Nevertheless, during the period after the note of issue and certificate of readiness were stricken from the calendar, the parties' attorneys engaged in discovery proceedings and motion practice and otherwise proceeded with a course of conduct evincing a lack of intent to abandon the action."