Because she didn't have enough money to litigate her personal-injury lawsuit against Scotto Bros. Woodbury Restaurant, the Queens County Supreme Court knocked Elba LaMarca's case off its trial calendar.
Some two years later, when Scotto Bros. asked for the dispute's dismissal, the lady's case was restored.
On appeal, the Appellate Division, Second Department, thought the lack of funds didn't justify Elba's two-year period of inaction and was of the view that her case had been "abandoned" and could no longer be tried.
Was that Elba toast?
To view a copy of the Appellate Division's decision, please use this link: LaMarca v. Scotto Bros. Woodbury Rest., Inc.