Salamone v. Wyckoff Heights Medical Center

Order, Supreme Court, New York County (Harold Tompkins, J.), entered April 2, 1999, which denied plaintiffs’ motion to vacate the dismissal of their action, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and the complaint reinstated, conditioned upon plaintiffs’ counsel paying $1,500 to defendant within 60 days of this order.

Plaintiff, an electrician, commenced this action in April 1996, after having fallen from a ladder at a construction site. His wife sues derivatively. The action was pending for approximately three years,…