Tsioumas v. Time Out Health & Fitness

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered July 24, 2009, which, to the extent appealed from, vacated, upon renewal, the order, same court and Justice, entered March 30, 2009, dismissing this personal injury action for failure to restore it to the trial calender within one year of being marked off, and restored it to the calendar, unanimously affirmed, without costs.

Plaintiff was allegedly injured when he tripped on a racquetball court at defendants’ sports facility because a portion of a floor plank was missing. Even if we were to find that plaintiff, on his motion to…