CLAIRE v. GASKIN


295 A.D.2d 336 (2002)

743 N.Y.S.2d 529

EUNICE ST. CLAIRE, Appellant, v. TREVOR GASKIN et al., Respondents.

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

Decided June 3, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured in a motor vehicle accident involving both defendants. A note of issue was filed in September 1998, and the case was placed on the trial calendar. On May 17, 1999, the Supreme Court marked the case off the trial calendar after the plaintiff failed to appear at a scheduled court proceeding. By notice of motion dated October 5, 2000, the plaintiff moved to restore the case to the trial...

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