ORELLANA v. CITY OF NEW YORK


203 A.D.2d 542 (1994)

612 N.Y.S.2d 943

Rina Orellana et al., Appellants, v. City of New York, Respondent

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

April 25, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs failed to offer any evidence in support of their motion to restore the action to the trial calendar beyond their unsupported allegations that the City was on notice concerning the allegedly defective sidewalk. Therefore, the trial court did not improvidently exercise its discretion in denying their motion.

Because the plaintiffs' notice to admit sought the admission

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