Horn v. Schenck Transportation Co.

In a negligence action to recover damages for personal injuries, the appeal is from an order of the Supreme Court, Nassau County, dated June 2, 1978, which granted plaintiff’s motion to restore the action to the Trial Calendar. Order reversed, on the law, with $50 costs and disbursements, and complaint dismissed. The plaintiff was injured in April, 1971 when he fell while on a bus operated by defendant company. The instant personal injury action was then timely commenced and proceeded toward trial. However, neither the plaintiff nor his attorney appeared on the initial trial date in March,…