Kwang Bok Yi v. Seong Ahn

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated January 5, 2000, which, in effect, granted the plaintiffs motion for leave to renew and, upon renewal, granted his prior motion to restore the action to the trial calendar, which was denied by order dated June 25, 1999.

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion for leave to renew is denied.

The Supreme Court improvidently exercised its discretion by granting, in effect, the plaintiffs motion for leave to…