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JOSEPH v. SIMMONS

2013-07202

114 A.D.3d 644 (2014)

979 N.Y.S.2d 675

2014 NY Slip Op 634

DOLORES JOSEPH et al., Respondents, v. MALCOLM SIMMONS et al., Defendants, and LUAKA MASIALA, Appellant.

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

Decided February 5, 2014.

In an action to recover damages for personal injuries, the defendant Luaka Masiala appeals from an order of the Supreme Court, Queens County (Lane, J.), entered May 24, 2013, which granted the plaintiffs' motion, in effect, for leave to renew their prior motion, in effect, to vacate an order of the same court (Weinstein, J.) dated April 19, 2011, dismissing the action pursuant to 22 NYCRR 202.27 (b), and to restore the action to the trial calendar, which motion was denied...

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