Cohen v. Tucker

In consolidated negligence actions to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated May 11, 1973, as, upon reargument, adhered to the original decision denying his prior motion to restore the case to the Trial Calendar, the case having previously been dismissed pursuant to CPLR 3404. Order reversed insofar as appealed from, without costs, and prior motion granted, upon condition that, within 20 days after entry of the order to be made hereon, plaintiff’s attorney personally pay $250 costs,…