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ROSARIO v. ALBANY EXPRESS

5848 303220/13.

159 A.D.3d 403 (2018)

69 N.Y.S.3d 469

2018 NY Slip Op 01386

ALEXANDER ROSARIO, Respondent, v. ALBANY EXPRESS et al., Appellants, et al., Defendants.

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

Decided March 1, 2018.

The court providently exercised its discretion in denying the motion to dismiss this personal injury action for want of prosecution (see Espinoza v 373-381 Park Ave. S., LLC, 68 A.D.3d 532, 533 [1st Dept 2009]). The record indicates that plaintiff actively litigated his claims against all four defendants, and appeared for a deposition and medical examination. The delay in completing discovery was primarily due to repeated adjournments...

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