{"jurisdiction": "us-ny", "code": "cplr", "section": "3404", "citation": "CPLR § 3404", "heading": "Dismissal of abandoned cases", "text": ["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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3404", "from_official_api": true, "plain_english": "A case in **Supreme Court or County Court** that is marked **\"off,\"** struck from the calendar, or unanswered on a clerk's calendar call, **and not restored within one year**, is **deemed abandoned and dismissed without costs** for neglect to prosecute. ★ The **clerk makes the entry — no court order needed.** ★ (Note: this rule is Supreme/County Court only; it does not name the lower courts.)", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3404", "publisher": "Elyphived LLC"}