Marks v. Westinghouse Electric Corp.

—In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Garson, J.), dated May 12, 1999, as granted the plaintiffs motion to restore the action to the calendar and to extend his time to file a note of issue, and denied the defendants’ cross motion pursuant to CPLR 3126 to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, the motion is denied, the cross motion is granted, and the complaint is dismissed.

It is…