Toussaint v. Divine Bros.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (R. Goldberg, J.), entered February 11, 2002, which, upon an order of the same court, dated September 13, 1999, granting the separate motions of the defendant and the third-party defendants to dismiss the complaint pursuant to CPLR 3404 on the ground of abandonment and lack of prosecution, and denying his cross motion to restore the action to the active calendar, dismissed the complaint.

Ordered that the judgment is reversed, on the law, with costs, the…