Filed Date: 4/25/1994
Status: Precedential
Modified Date: 10/31/2024
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated July 16, 1992, as denied their motion to restore the action to the trial calendar.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs failed to offer any evidence in support of their motion to restore the action to the trial calendar beyond their unsupported allegations that the City was on notice concerning the allegedly defective sidewalk. Therefore, the trial court did not improvidently exercise its discretion in denying their motion.
Because the plaintiffs’ notice to admit sought the admission