Macaluso v. Statfeld

—Order, Supreme Court, New York County (Milton Tingling, J.), entered June 26, 2001, which denied defendant’s motion to dismiss for failure to state a cause of action or as barred by the statute of limitations, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint as against her.

Plaintiffs initial action, which sought damages for personal injuries sustained in a 1993 occurrence, was dismissed in April 2000 after he failed to appear for trial. Subsequently, plaintiff commenced a second…