DOUGLASS v. BREW'S RESTAURANT


280 A.D.2d 345 (2001)

720 N.Y.S.2d 478

PENNY M. DOUGLASS, Appellant, v. BREW'S RESTAURANT et al., Respondents.

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

Decided February 13, 2001.


Plaintiff was allegedly struck in the face by a swinging door while patronizing defendants' dining establishment in 1989. The action was timely commenced, issue was joined, and plaintiff was deposed in 1992. Defendants were to have produced an employee for deposition and scheduled plaintiff for a physical examination, but failed to do either. When plaintiff failed to answer a clerk's calendar call in December 1992, the case was marked off, and a year later it was dismissed...

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