GARNER v. LATIMER


306 A.D.2d 209 (2003)

761 N.Y.S.2d 657

TUJUAN GARNER, Appellant, v. JOHN LATIMER, Respondent.

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

Decided June 26, 2003.


On July 22, 1997, plaintiff purportedly sustained serious personal injuries as a result of an automobile accident that occurred on 125th Street in New York, New York. Plaintiff commenced this action and at a preliminary conference held on June 11, 1999, plaintiff was directed to file a note of issue by November 12, 1999. The parties were deposed on November 21, 1999 and on January 4, 2000, the matter was dismissed due to plaintiff's failure to file a note of issue. Plaintiff...

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