Smigel v. Town of Rensselaerville

— Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Trial Term (Prior, Jr., J.), entered April 3, 1986 in Albany County, which granted plaintiff’s motion to restore this action to the preferred calendar of the Supreme Court, Albany County.

This wrongful death action, arising out of defendants’ alleged negligence in maintaining an intersection, was commenced in 1979. A note of issue was filed and a preference order granted in 1982. Thereafter, the case was conferenced three times and, following unproductive settlement discussions, marked ready for trial. From that point on the…