Opinion
2005-02328.
October 31, 2005.
In an action to recover damages for personal injuries, the defendant Solomon Algazi appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated December 21, 2004, which conditionally granted the plaintiff's motion to restore the action.
Faust Goetz Schenker Blee, LLP, New York, N.Y. (Mary Joseph of counsel), for appellant.
Sylvain R. Jakabovics, New York, N.Y., for respondent.
Before: Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in conditionally granting the plaintiff's motion to restore the action ( see LeBlanc v. Budman, 18 AD3d 718; Giannoccoli v. One Cent. Park W. Assoc., 15 AD3d 348; Betty v. City of New York, 12 AD3d 472).