NICOLICH v. FITZGERALD


259 A.D.2d 741 (1999)

687 N.Y.S.2d 418

NORMA A. NICOLICH et al., Appellants, v. ROBERTA M. FITZGERALD, Respondent.

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

Decided March 29, 1999.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is granted.

The action was removed from the trial calendar on mutual consent, inter alia, to allow the defendant to conduct a further physical examination of one of the plaintiffs. It appears that the defendant took no action to conduct the physical examination, and the case was subsequently dismissed pursuant to CPLR 3404 since the plaintiffs failed to restore the action...

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