Bodden v. Penn-Attransco Corp.

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered January 29, 2004, denying plaintiffs motion to vacate the dismissal of his action and restore the case to the calendar, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion to restore granted on condition that plaintiffs attorney pay costs to defendant’s attorney of $500 within 20 days of service of a copy of this order with notice of entry.

Plaintiff commenced this action on December 13, 1995, seeking damages for an injury purportedly sustained on September 15, 1994.…