Calendar dismissals are a vivid demonstration of how a case goew wrong.  There are pre-note and post-note of issue instances.  Here is a well written article which discusses pre-note dismissals by William Greenberg

"Now two recent cases from the Appellate Division, Second Department may have lent some clarity. These cases – Travis v. Cuff, 28 AD3d 749, 814 NYS2d 610 (2nd Dept.) and Galati v. C. Raimondo & Sons Constr. Co. 35 AD3d 805, 828 NYS2d 136 2nd Dept 2006) – each squarely determine that the trial court can never use CPLR §3404 to dismiss a case as "abandoned" if it is in "pre-note of issue status."

But to understand Travis and Galati in context it is appropriate to quickly review the calendar control devices available to the Supreme Court. They are CPLR provisions §3126, §3216, §3404 and Uniform Rule 202.27 (22 NYCRR 202.27)."

 
"For the practitioner, the lesson is clear. Where a case is in "pre-note of issue" status – either due to vacature of a previously filed note of issue or because the note of issue has never been filed – the court cannot dismiss pursuant to §3404. Only Rule 202.27, where a party has failed to appear or not been ready to proceed, is a ground for dismissal unless, running afoul of §3216, a party has failed to file a note of issue pursuant to written court direction – directing the filing in not less than 90 days – or ignored a "90 day notice" served by an adversary. See Dergousova v. Long, 37 AD3d 645, 830 N.Y.S.2d 330 (2nd Dept. 2007). "

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.