Vitale v. City Construction Management Co.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about March 12, 1990, which, inter alia, granted plaintiff’s motion to restore the action to the trial calendar, unanimously affirmed, without costs.

The action was dismissed after plaintiff’s counsel failed to appear at pre-trial conferences on successive occasions. Plaintiff subsequently retained new counsel, who discovered the dismissal upon moving for an order directing prior counsel to turn over the file. That motion was ostensibly withdrawn so that plaintiff could move to restore the action to the trial…