Appellate Division of the Supreme Court of the State of New York March 5, 2001 (J. Mar Service Center, Inc. v. Rahaniotis)

—In an action, inter alia, to recover damages for lost profits, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Phelan, J.), entered November 10, 1999, as denied their motion, in effect, to vacate an order of the same court, dated July 1, 1999, which, sua sponte, dismissed the complaint pursuant to CPLR 3216 upon the plaintiffs’ failure to file a note of issue.