Joseph v. Simmons

In an action to recover damages for personal injuries, the defendant Luaka Masiala appeals from an order of the Supreme Court, Queens County (Lane, J.), entered May 24, 2013, which granted the plaintiffs’ motion, in effect, for leave to renew their prior motion, in effect, to vacate an order of the same court (Weinstein, J.) dated April 19, 2011, dismissing the action pursuant to 22 NYCRR 202.27 (b), and to restore the action to the trial calendar, which motion was denied in a prior order of the same court (Lane, J.) dated October 16, 2012, and, upon renewal, in effect, vacated the order…