Defendant Simone Realty Co. appeals from an order of the Supreme Court granting plaintiffs' motion to restore the action to the Trial Calendar. In their complaint, plaintiffs seek damages arising out of personal injuries suffered by plaintiff Eugene McPhail after he allegedly tripped and fell in front of the F & B Supermarket on Bainbridge Avenue in The Bronx. They filed a note of issue on November 6, 1987, notwithstanding the absence of any discovery. The note of issue...
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