Clayton-Garcia v. Moskin

—In an action to recover damages for personal injuries, the defendants third-party plaintiffs Jeffrey Moskin d/b/a Briarwood Associates, Jeffrey Moskin, and Ailanthus Properties, Inc., appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated January 9, 1998, which granted the plaintiffs motion to vacate the automatic dismissal of the action and restore the action to the trial calendar.

Ordered that the order is modified, on the facts, by adding a provision thereto conditioning the granting of the plaintiffs motion on the payment of $1,500 by the plaintiffs attorneys to the…