HODGE v. NEW YORK CITY TRANSIT AUTHORITY


273 A.D.2d 42 (2000)

709 N.Y.S.2d 64

DESIREE HODGE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided June 8, 2000.


Dismissal of this personal injury and medical malpractice action at the final court conference on October 1, 1998 was unsupported by any applicable legal authority and in disregard of settled law. True, the action was 17 years old, and was initially pursued in a dilatory manner, but not all of the delay was caused by plaintiff. In October 1997, plaintiff was prepared to proceed, and actually moved to place the action on the trial calendar, but voluntarily withdrew that motion...

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