Khawaja v Pistritto (2006 NY Slip Op 02725)

Khawaja v Pistritto

2006 NY Slip Op 02725 [28 AD3d 524]

April 11, 2006

Appellate Division, Second Department

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

As corrected through Wednesday, June 21, 2006

Muhammed A. Khawaja, Respondent,
v
Michael Pistritto et al., Appellants.

—[*1]In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated May 11, 2005, which granted the plaintiff's motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly granted the motion to restore the action to the trial calendar. Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.