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SALLES v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

224 A.D.2d 334 (1996)

638 N.Y.S.2d 451

Stuart Salles, as Committee for Bessie Schneider, an Incompetent, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

February 27, 1996

Assuming plaintiff was derelict in not filing a "notice to reschedule" with the "appropriate clerk" after this Court's affirmance of the order granting a new trial, as required by 22 NYCRR 202.45, or should otherwise be deemed to have either abandoned the action within the meaning of CPLR 3404 or failed to prosecute it within the meaning of CPLR 3216, nevertheless the three-year delay should be excused, and the trial go forward, given the general policy favoring dispositions...

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