Paul Auerbach

The plaintiff brought a motion to set aside a registrar's order dismissing their motor vehicle accident action for delay.

At the hearing, the plaintiff requested a brief adjournment, which the defendant opposed.

The court granted the adjournment peremptorily, set a timetable for filing additional affidavit materials, and reserved the issue of costs to the judge hearing the substantive motion.

Following a conference call, the court issued a supplementary endorsement regarding the reinstatement of the plaintiffs' action.

The defendants argued that the conditions for reinstatement from a prior order had not been fulfilled, while the plaintiffs maintained they had.

The court was satisfied that the conditions were satisfactorily fulfilled and ordered the action reinstated, with no order as to costs.