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BENITEZ v. CITY OF NEW YORK

2 A.D.3d 285 (2003)

769 N.Y.S.2d 258

JULIO BENITEZ, Appellant, v. CITY OF NEW YORK, Defendant, and LEEMILT'S PETROLEUM INC. et al., Respondents. LEEMILT'S PETROLEUM INC. et al., Third-Party Plaintiffs-Respondents, v. MIGUEL ROSA, Third-Party Defendant-Respondent.

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

December 18, 2003.

Plaintiff's personal injury action was dismissed by order of Justice Braun in March 1998, on the erroneous impression that the action had been marked off the calendar in June 1994 and abandoned, when in fact it had been restored to the calendar by order of Justice Solomon in September 1997. The remedy for that error was a timely motion for reargument (CPLR 2221), a timely appeal (CPLR 5513), or a timely motion to be relieved of default (CPLR 5015 [a] [1]). Plaintiff did none...

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