Appellate Division of the Supreme Court of the State of New York February 2, 1998 (Kozinitsky v. Richman)

In an action to recover damages for personal injuries and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated January 13, 1997, which granted the defendant’s motion to dismiss the action based upon the plaintiff’s failure to comply with an order of the same court dated November 27, 1995, which conditionally restored the matter to the Trial