AGUILAR v. DJONVIC


282 A.D.2d 366 (2001)

723 N.Y.S.2d 474

ANNA AGUILAR et al., Respondents, v. LAZDER DJONVIC et al., Appellants.

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

Decided April 24, 2001.


Plaintiffs commenced this action on April 23, 1991, to recover for injuries suffered when a kitchen cabinet dislodged and fell on plaintiff Anna Aguilar. On August 27, 1997, when the case appeared on the trial calendar, plaintiffs requested that the Note of Issue be stricken and the matter marked off. Over two years later, on September 21, 1999, defendants moved for an order dismissing the complaint, arguing that the action had been abandoned, and plaintiffs cross-moved for...

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