Gonzalez v. First National Supermarket, Inc.

—In a negligence action to recover damages for personal injuries, etc., the defendant appeals, by permission, from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated June 29, 1995, which affirmed an order of the Civil Court, Kings County (Knipel, J.), entered June 9, 1994, granting the plaintiffs’ motion, inter alia, to vacate the dismissal of the action and restore the action to the trial calendar.

Ordered that the order is reversed, on the law and the facts, with costs, and the plaintiffs’ motion, inter alia, to vacate the dismissal of the action is denied.

The…