Plaintiff's initial action, which sought damages for personal injuries sustained in a 1993 occurrence, was dismissed in April 2000 after he failed to appear for trial. Subsequently, plaintiff commenced a second action in October 2000 based upon the same cause of action as the dismissed action. Defendant then moved to dismiss, contending that the first action had been dismissed for neglect to prosecute and that the second action was precluded by the statute of limitations...
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