Defendants appeal from an order of the Civil Court, New York County (Jeffrey K. Oing, J.), entered September 23, 2004, which granted plaintiff's motion to restore the action to the trial calendar and denied defendants' cross motion to dismiss the complaint.

Per Curiam:

Order (Jeffrey K. Oing, J.), entered September 23, 2004, reversed, with $10 costs, and defendants' cross motion to dismiss is granted. The Clerk is directed to enter judgment accordingly.

In the absence of "exceptional circumstances," the mandatory dismissal provision of 22 NYCRR 208.14[d] requires dismissal of this action, which was twice marked off the Civil Court calendar (see Centennial Restorations Co. v Wyatt, 248 AD2d 193 [1998]; Molloy v D'Angelillo, 20 Misc 3d 141A [2006]). Moreover, restoration under 22 NYCRR 208.14(c) would have been unwarranted since plaintiff's submissions, even assuming that he was on the premises lawfully, were insufficient to support an inference of foreseeability so as to establish a meritorious cause of action (see Buckeridge v Brodie, 5 AD3d 298 [2004]).

This constitutes the decision and order of the Court.
Decision Date: April 25, 2006