Campbell v. Crystal Realty Associates Ltd. Partnership

Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about May 18, 1999, which, upon reargument, denied plaintiffs’ previously denied motion to restore their case to the trial calendar, unanimously affirmed, without costs.

Plaintiffs did not satisfy the requisites for restoring this action, deemed dismissed pursuant to CPLR 3404, to the trial calendar, since they failed to appropriately demonstrate (1) the merits of the case, none of the conflicting versions of the accident submitted by plaintiffs would serve to impose liability on the owner of the premises or any other…