SABALZA v. SALGADO

5256, 6901/06.

85 A.D.3d 436 (2011)

924 N.Y.S.2d 373

2011 NY Slip Op 4732

MARIA SABALZA, Respondent, v. WILLIAM H. SALGADO, Defendant/Third-Party Plaintiff-Appellant. WILLIAM PAGER ESQ. et al., Third-Party Defendants-Respondents.

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

Decided June 7, 2011.


Plaintiff alleges that, while grocery shopping at a local supermarket in 1997, she slipped and fell on water and a grape at a soda display, near the produce section. She retained the services of defendant attorney, and he commenced an action for personal injuries in 1998. On May 26, 2003, the action was dismissed based upon the failure of defendant to appear at a compliance conference. On or about May 5, 2004, defendant filed a motion to restore the case to the calendar,...

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