Chavez v City of New York

Chavez v City of New York 2007 NY Slip Op 01672 [37 AD3d 751] February 27, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

Rosario Chavez, Appellant,
v
City of New York, Respondent. (Action No. 1.) Rosario Chavez, Appellant, v New York City Industrial Development Agency et al., Defendants and Third-Party Plaintiffs-Respondents. Queens Hospital Center et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Action No. 2.)

—[*1] Pagan Law Firm, P.C., New York, N.Y. (Tania M. Pagan and Priyanka G. Menon of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Cheryl Payer of counsel), for City of New York, respondent in Action No. 1 and second third-party plaintiff-respondent in action No. 2, and Queens Hospital Center, third-party defendant-respondent in action No. 2.

Morenus, Conway, Goren & Brandman, Melville, N.Y. (Brian S. Brandman of counsel), for defendant third-party plaintiff-respondent in action No. 2.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, N.Y. (Louis H. Klein of counsel), for second third-party defendant-respondent in action No. 2. [*2]

In two related actions, inter alia, to recover damages for personal injuries and wrongful death, etc., the plaintiff in both actions appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated February 28, 2005, as denied that branch of her motion which was to restore the actions to the trial calendar.

Ordered that order is reversed insofar as appealed from, on the facts, without costs or disbursements, and that branch of the motion which was to restore the actions to the trial calendar is granted.

Under the particular circumstances of this case, the Supreme Court should have granted that branch of the motion which was to restore the actions to the trial calendar. Schmidt, J.P., Rivera, Covello and Balkin, JJ., concur.