Paiement v. Hertz Corp.

Order, Supreme Court, New York County, entered October 28, 1974, denying plaintiff’s motion to restore the case to the Trial Calendar and for leave to serve a supplemental bill of particulars, unanimously reversed, on the law and the facts and in the exercise of discretion, and the motion granted, without costs or disbursements. A primary cause for delay in prosecution of this suit was the substitution of attorneys on three separate occasions by plaintiff. During the interim, the case was marked off the calendar and was subsequently dismissed pursuant to CPLR 3404. Plaintiff’s present counsel…