Egbert v. Black & Decker, Inc.

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Held, J.), dated February 22, 1993, as granted the plaintiff’s motion to restore the matter to the trial calendar.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the plaintiff’s motion is denied.

The Supreme Court improvidently exercised its discretion in granting the plaintiff’s motion to restore the case to the trial calendar. The plaintiff failed to meet his burden of proving…