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CHAVEZ v. CITY OF NEW YORK

37 A.D.3d 751 (2007)

829 N.Y.S.2d 907

ROSARIO CHAVEZ, Appellant, v. CITY OF NEW YORK, Respondent. (Action No. 1.) ROSARIO CHAVEZ, Appellant, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Defendants and Third-Party Plaintiffs-Respondents. QUEENS HOSPITAL CENTER et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Action No. 2.)

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

Decided February 27, 2007.

Ordered that order is reversed insofar as appealed from, on the facts, without costs or disbursements, and that branch of the motion which was to restore the actions to the trial calendar is granted.

Under the particular circumstances of this case, the Supreme Court should have granted that branch of the motion which was to restore the actions to the trial...

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