Penn v. American Airlines, Inc.

—Order, Supreme Court, New York *386County (Walter Schackman, J.), entered on or about March 2, 1992, which, upon renewal and reargument, granted plaintiffs motion seeking to vacate the April 15, 1991 order of the same court denying plaintiffs motion to vacate a conditional order of dismissal, dated November 30, 1990, and vacated that conditional order of dismissal, and which directed the Trial Term Support Office to reinstate the underlying action, unanimously affirmed, with costs.

The IAS Court did not abuse its discretion in vacating the November 30, 1990 conditional order of dismissal, based…