Opinion
No. 2005-03716.
February 27, 2007.
In two related actions, inter alia, to recover damages for personal injuries and wrongful death, etc., the plaintiff in both actions appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated February 28, 2005, as denied that branch of her motion which was to restore the actions to the trial calendar.
Pagan Law Firm, P.C., New York, N.Y. (Tania M. Pagan and Priyanka G. Menon of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Cheryl Payer of counsel), for City of New York, respondent in Action No. 1 and second third-party plaintiff-respondent in Action No. 2, and Queens Hospital Center, third-party defendant-respondent in Action No. 2.
Morenus, Conway, Goren Brandman, Melville, N.Y. (Brian S. Brandman of counsel), for defendant third-party plaintiff-respondent in Action No. 2.
Smith Mazure Director Wilkins Young Yagerman, P.C., New York, N.Y. (Louis H. Klein of counsel), for second third-party defendant-respondent in Action No. 2.
Before: Schmidt, J.P., Rivera, Covello and Balkin, JJ.
Ordered that order is reversed insofar as appealed from, on the facts, without costs or disbursements, and that branch of the motion which was to restore the actions to the trial calendar is granted.
Under the particular circumstances of this case, the Supreme Court should have granted that branch of the motion which was to restore the actions to the trial calendar.