Appellate Division of the Supreme Court of New York, 1997

Barrera v. Ortega

Barrera v. Ortega
Appellate Division of the Supreme Court of New York · Decided November 10, 1997
244 A.D.2d 372; 665 N.Y.S.2d 542; 1997 N.Y. App. Div. LEXIS 11278
Barrera v. Ortega

Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated November 19, 1996, which denied the plaintiff’s motion to restore the matter to the trial calendar.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff’s motion (see, Innvar v Schapira, 208 AD2d 903). Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.

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