From Casetext: Smarter Legal Research

Chambers v. City of N.Y.

Supreme Court, Appellate Division, Second Department, New York.
Nov 6, 2013
111 A.D.3d 593 (N.Y. App. Div. 2013)

Opinion

2013-11-6

Aldawna Delroy CHAMBERS, appellant, v. CITY OF NEW YORK, et al., defendants.



Parker Waichman, LLP, Port Washington, N.Y. (Jay L.T. Breakstone of counsel), for appellant.

, J.P., RUTH C. BALKIN, SANDRA L. SGROI, and SYLVIA O. HINDS–RADIX, JJ.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), entered November 16, 2011, which denied, without prejudice, his unopposed motion to restore the action to the trial calendar.

ORDERED that the order is reversed, on the law, without costs or disbursements, and the plaintiff's motion to restore the action to the trial calendar is granted.

It is undisputed that the action was marked off the trial calendar on December 1, 2010. By electing to mark the case off the trial calendar pursuant to CPLR 3404, the trial court set the course for restoration ( see Basetti v. Nour, 287 A.D.2d 126, 135, 731 N.Y.S.2d 35). Since the plaintiff moved to restore the action to the trial calendar within one year after the date it was marked off, restoration was automatic ( see Ross v. Brookdale Univ. Hosp. & Med. Ctr., 54 A.D.3d 370, 371, 863 N.Y.S.2d 236;Kohn v. Citigroup, Inc., 29 A.D.3d 530, 532, 814 N.Y.S.2d 702;Hirsch v. Monroe Bus Corp., 24 A.D.3d 609, 808 N.Y.S.2d 342). Accordingly, the plaintiff's motion to restore the action to the trial calendar should have been granted.


Summaries of

Chambers v. City of N.Y.

Supreme Court, Appellate Division, Second Department, New York.
Nov 6, 2013
111 A.D.3d 593 (N.Y. App. Div. 2013)
Case details for

Chambers v. City of N.Y.

Case Details

Full title:Aldawna Delroy CHAMBERS, appellant, v. CITY OF NEW YORK, et al.…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Nov 6, 2013

Citations

111 A.D.3d 593 (N.Y. App. Div. 2013)
111 A.D.3d 593
2013 N.Y. Slip Op. 7147

Citing Cases

Wilmington Tr. Co. v. Valdivieso

However, contrary to the defendant's contention, he waived his defense of lack of personal jurisdiction.…

One West Bank v. Rosenberg

If a court marks the case off the calendar, the plaintiff has one year within which to restore the action to…