Kalyuskin v. Rudisel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated January 22, 2002, as denied their motion to restore the action to the trial calendar.
Ordered that the order is affirmed insofar as appealed from, *247with one bill of costs payable to the respondents appearing separately and filing separate briefs.
A party seeking to restore a case to the trial calendar more than one year after it has been marked “off,” and after it has been dismissed pursuant to CPLR 3404, must establish a meritorious…
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