Gani v Zarger (2005 NY Slip Op 08069)

Gani v Zarger

2005 NY Slip Op 08069 [22 AD3d 799]

October 31, 2005

Appellate Division, Second Department

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

Hazkel Gani, Respondent,
v
Ilan Zarger et al., Defendants, and Solomon Algazi, Appellant.

—[*1]In an action to recover damages for personal injuries, the defendant Solomon Algazi appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated December 21, 2004, which conditionally granted the plaintiff's motion to restore the action.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in conditionally granting the plaintiff's motion to restore the action (see LeBlanc v Budman, 18 AD3d 718 [2005]; Giannoccoli v One Cent. Park W. Assoc., 15 AD3d 348 [2005]; Betty v City of New York, 12 AD3d 472 [2004]). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.