CRYSTAL v. GEN. MOTORS CORP.


157 A.D.2d 821 (1990)

Helene Crystal, Individually and as Executrix of Jerome Crystal, Deceased, Respondent, v. General Motors Corp., et al., Appellants

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

January 29, 1990


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to be paid by the plaintiff's attorney personally, the plaintiff's motion to restore the action to the Trial Calendar is denied, and the action is dismissed for failure to prosecute.

The bare and conclusory medical affidavit submitted by the plaintiff on her third attempt to have this case restored to the Trial Calendar was clearly insufficient to establish that the plaintiff...

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