Rizzo v. City of New York

— Order, Supreme Court, New York County (David H. Edwards, J.), entered May 4, 1983, which, upon renewal of an earlier motion, denied plaintiff’s motion to vacate the automatic dismissal of the action (CPLR 3.404) and to *689restore the case to the Trial Calendar, unanimously reversed, on the law and on the facts and in the exercise of discretion, without costs or disbursements, and the motion granted. Plaintiff was injured on April 4, 1974 when the construction dump truck he was driving went into an unmarked excavation at a construction site. Issue was joined in March, 1975 in this action to…