Jones v. Strachan

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated January *43921, 2000, which denied her motion to restore the action to the trial calendar and granted the defendant’s cross motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the action is restored to the trial calendar.

On February 6, 1999, the defendant was found 30% at fault in the happening of the accident, upon a jury verdict. Thereafter, on the…