Du Chateau v. Metro-North Commuter Railroad

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered December 14, 1999, which, in an action for false arrest, malicious prosecution and intentional infliction of emotional distress arising out of plaintiffs arrest on a train owned by defendant commuter railroad for alleged harassment of a conductor, denied plaintiffs motion to vacate the dismissal of this action pursuant to CPLR 3404 and to restore the action to the calendar, unanimously affirmed, without costs.

Our examination of the record leads to the conclusion that plaintiff was unable to establish a right to have the…