Morales v. City of New York

—In an action to recover damages for personal injuries, etc., the third-party defendant Brooklyn Union Gas appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated April 18, 1997, which, inter alia, granted the plaintiffs’ motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with one bill of costs payable by the appellant to the respondents.

A motion to vacate the dismissal of an action pursuant to CPLR 3404 and to restore the matter to the calendar is addressed to the sound discretion of the trial court (see, Carter v City of New York,…