DelGadillo v City of New York (2005 NY Slip Op 00369)

DelGadillo v City of New York

2005 NY Slip Op 00369 [14 AD3d 589]

January 24, 2005

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 16, 2005

Nathaniel DelGadillo et al., Appellants,
v
City of New York, Respondent.

—[*1]In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schulman, J.), entered April 29, 2002, which denied their motion, inter alia, to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to show, inter alia, the existence of a meritorious cause of action (see generally Castillo v City of New York, 6 AD3d 568 [2004]; Basetti v Nour, 287 AD2d 126, 133-135 [2001]). Florio, J.P., Adams, Goldstein, Rivera and Spolzino, JJ., concur.