Haber v. City of New York

In an action to recover damages for personal injuries, "the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 27, 1994, which denied her motion to restore the case to the court calendar and granted the cross motion of the defendant City of New York to dismiss the complaint pursuant to CPLR 3404.

Ordered that the order is affirmed, with costs.

The court properly denied the plaintiff’s motion to restore the case to the trial calendar. "[I]t is well settled that '[a] party seeking to restore a case to the trial calendar after it has been dismissed…