JOHNSON v. RIVERA


10 A.D.3d 288 (2004)

781 N.Y.S.2d 22

ITOBORE JOHNSON et al., Respondents, v SAMUEL RIVERA et al., Appellants.

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

Decided August 12, 2004.


The transcript of the conference held after a jury was selected shows that plaintiff's attorney, unable to explain his client's absence, requested that the case be marked off the trial calendar with the option of restoring the case to the calendar within a year. The defense stated that it had no objection, and the trial court "discontinued" the action. Approximately six weeks later, plaintiff's counsel moved for an order marking the status of the action as "active" and restoring...

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