Q: Can a second new york note of issue be filed after a case is orally dismissed at an inquest on damages - but the case is
still pending because no judgment was entered?
A: No. There is no oral dismissal. The judge has to enter something on the record. Order the record from the proceeding and ask the judge to "so order" his transcript. Or, call the judge's clerk and ask them to enter a dismissal.
Jack Mevorach agrees with this answer
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