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WALLER v. CRAWFORD

6 Misc.3d 44 (2004)

789 N.Y.S.2d 796

PERRY WALLER, Appellant, v. HERBERT E. CRAWFORD, Respondent.

Supreme Court, Appellate Term, Second Department.

November 15, 2004.

Attorney(s) appearing for the Case

Mallilo & Grossman, Flushing (Francesco Pomara, Jr., of counsel), for appellant.

Shayne, Dachs, Stanisci, Corker & Sauer, Mineola, and Ronald I. Lemberger, Hempstead (Jonathan A. Dachs of counsel), for respondent.

ARONIN, J.P., PATTERSON and GOLIA, JJ., concur.

Memorandum.

Order unanimously reversed without costs and plaintiff's motion to restore the action to the trial calendar granted on condition that plaintiff file a notice of trial within 30 days of the date of the order hereon; otherwise order affirmed without costs.

Plaintiff instituted this action to recover damages for personal injuries sustained in an automobile accident. The record establishes that the action...

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