O'Boye v. Consolidated Edison

— Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered March 6, 1989, which granted plaintiffs’ motion pursuant to CPLR 3404 to vacate an order of dismissal and to restore the case to the calendar, unanimously affirmed, without costs.

Plaintiff James P. O’Boye was allegedly permanently injured in an airlock chamber while working at a nuclear power station, and his wife, who sues derivatively, commenced this action against the various defendants in July 1983. After extensive discovery, plaintiffs were permitted to file a note of issue in June 1987, with the understanding…