Murphy v. City of New York

Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 17, 1990, which, inter alia, denied plaintiffs’ motion to restore the action to the trial calendar, unanimously affirmed, without costs.

Plaintiffs allege that they were injured as a result of defendant’s negligence when an unidentified metal object fell from an elevated train structure on March 8, 1982 and struck their *237vehicle. Plaintiffs filed a note of issue and certificate of readiness on September 23, 1987 and the case was scheduled for the conference calendar on October 23, 1987. Despite publication of notice of the…