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BROWN v. CITY OF NEW YORK

9682, 114574/04.

105 A.D.3d 420 (2013)

962 N.Y.S.2d 132

2013 NY Slip Op 2185

KENNEDY BROWN, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided April 2, 2013.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered November 21, 2011, which, in this personal injury action, denied plaintiff's motion to vacate the dismissal of the action and restore it to the trial calendar, unanimously reversed, on the law, without costs, and the motion granted.

The court had dismissed the action based upon plaintiff's failure to appear for trial on its second scheduled date (Uniform Rules for Trial Cts [22 NYCRR] § 202...

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