Felder v. New York City Transit Authority

—In an action to recover damages for personal injuries, the defendant appeals from an *544order of the Supreme Court, Kings County (Feinberg, J.), dated May 8, 1996, which granted the plaintiffs motion to restore the case to the calendar.

Ordered that the order is affirmed, with costs.

Due to difficulties in obtaining essential medical records, the parties agreed to have the plaintiff’s action marked off the calendar, subject to restoration by stipulation within one year. Approximately one year and five weeks later, the plaintiff moved to restore the action to the calendar. Contrary to the…