Ballestero v. Haf Edgecombe Associates, L.P.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated July 11, 2005, which granted the defendants’ motion to dismiss the complaint, and denied their cross motion to restore the action to the trial calendar.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion to dismiss the complaint is denied, and the cross motion to restore the action to the trial calendar is granted.

The plaintiff Eduardo Ballestero (hereinafter the injured plaintiff),…