Dunham v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated July 1, 2005, which denied her motion to vacate the dismissal of the action for failure to proceed to trial and to restore the case to the trial calendar and (2) an order of the same court dated September 27, 2005, which denied her motion for leave to reargue and renew the prior motion.

Ordered that the order dated July 1, 2005 is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the motion to…