Bar-El v. Key Food Stores Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*421In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated August 5, 2003, which denied his motion to vacate the dismissal of the action, restore the case to the active calendar, and extend the time to file a note of issue.
Ordered that the order is reversed, on the law, with costs, and the motion is granted, and the plaintiffs time to file a note of issue is extended until 30 days after service upon him of a copy of this decision and order.
In a preliminary conference order dated February 1, 2001, the…
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