Campbell v. Yanoff

Order, Supreme Court, New York County (Beverly Cohen, J.), entered on or about April 13, 1999, which denied plaintiffs’ motion to restore this action to the trial calendar after the action had been dismissed by the Clerk of the Court pursuant to CPLR 3404, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and the action restored to trial calendar, provided defendant receives a new physical examination and deposition of plaintiff within 60 days of the date of this order.

This medical malpractice action was commenced in January, 1988…