ZITO v. MORAWSKI


79 A.D.2d 707 (1980)

James Zito et al., Respondents, v. Ann Morawski et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1980


Order reversed, on the law, without costs or disbursements, and plaintiffs' motion denied.

This action, arising out of an accident that occurred in 1969, was commenced in 1972 or 1973. Discovery was completed in January, 1974. A note of issue and statement of readiness were filed in December, 1976. Upon plaintiffs' attorney's failure to appear on the trial date of this action, the action was marked off the Trial Calendar in January, 1979. When plaintiffs failed to...

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