Plaintiff timely commenced an action to recover damages for personal injuries she allegedly sustained on August 30, 2002 as a result of a workplace accident. That action was dismissed on or about April 1, 2004 after plaintiff's counsel, who missed three previous conferences, failed to appear at a compliance conference. On August 4, 2005, plaintiff commenced this action to recover damages based upon the same workplace accident that was the subject of the first action.
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