Echevarria v. Waters
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant James E *331Waters appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated January 12, 2004, as granted that branch of the plaintiffs motion which was to vacate the dismissal of the action as against him, in effect, pursuant to 22 NYCRR 202.27.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs motion which was to vacate the dismissal of the action as against the appellant is denied, and the action against…
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