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GERNHARDT v. NEW YORK CITY TRANSIT AUTH.

221 A.D.2d 502 (1995)

633 N.Y.S.2d 397

Roxanne Gernhardt, Respondent, v. New York City Transit Authority, Appellant

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

November 20, 1995

Ordered that the order is reversed, on the facts, with costs, and the plaintiff's motion to restore the action to the trial calendar is denied.

Following a trial that was completed on January 30, 1991, the Supreme Court set aside the verdict on the issue of damages and set the matter down for a new trial on that issue. In May 1994, the plaintiff moved to restore the action to the trial calendar. At approximately the same time, the plaintiff's counsel sent a letter...

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