Zito v. Morawski

In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Queens County, dated June 18, 1980, which (1) granted plaintiffs’ motion to vacate their default in failing to restore the action to the calendar within one year of its having been marked off the calendar, (2) restored the action to the calendar, and (3) directed that plaintiffs’ attorney personally pay the sum of $200 costs to defendants. Order reversed, on the law, without costs or disbursements, and plaintiffs’ motion denied. This action, arising out of an accident…