Ranger Insurance v. Smith

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated July 13, 2001, as granted that branch of the plaintiffs motion which was to “restore” the action to the calendar.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants’ contention, the plaintiff was not required to meet the standards applicable to a party seeking to restore an action to the trial calendar after it has been dismissed…