Bauer v. Mars Associates & Normel Construction Corp.
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, the defendant appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated January 6, 2006, which granted the plaintiffs motion, inter alia, in effect, to substitute Daniel Gary Bauer as plaintiff in place of Peggy Ruth Bowman Bauer and to restore the action to the active calendar, and denied its cross motion pursuant to CPLR 1021 to dismiss the complaint for failure to prosecute.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion is denied, and the cross motion to…
2Cases cited6 opinions
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- Washington v. Min Chung HwanAppellate Division of the Supreme Court of the State of New York · 2005
- Mansfield Contracting Corp. v. PrassasAppellate Division of the Supreme Court of the State of New York · 1992
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