LOFTUS v. CHAMP


290 A.D.2d 268 (2002)

736 N.Y.S.2d 32

ELLEN LOFTUS, Appellant, v. NORMAN CHAMP et al., Respondents, et al., Defendants.

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

Decided January 10, 2002.


Plaintiff sustained personal injuries when the taxicab in which she was a passenger was hit in the rear during a three-vehicle collision. The case was ready for trial, with discovery completed, when two defendants died and the case was marked off the calendar. The parties stipulated to discontinue the action against the deceased defendants and to restore it to the calendar as to the surviving defendants. This plan was attempted but, apparently, rejected by the court clerk...

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