Mizrachy v. Jordan

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 3, 2000, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to restore the matter to active status in this action to recover for personal injuries allegedly sustained when plaintiff was hit by an automobile, unanimously reversed, on the facts and in the exercise of discretion, without costs, and the motion granted.

The motion court’s refusal to vacate plaintiff’s default in failing to comply with an order requiring her to file a note of issue by a date certain was…