Legal Opinion
Miller v. Fein
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2000PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Dutchess County (Pagones, J.), dated April 29, 1999, which denied his motion pursuant to CPLR 3404 to restore the action to the trial calendar, and (2) an order of the same court, dated July 19, 1999, which denied his motion to renew the prior motion to restore the action to the trial calendar.
Ordered that the orders are affirmed, with one bill of costs.
A plaintiff seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must…
2Cases cited9 opinions
- Palmer v. ToledoAppellate Division of the Supreme Court of the State of New York · 1999
- Schwartz v. Mandelbaum & GluckAppellate Division of the Supreme Court of the State of New York · 1999
- Fandy Corp. v. Lung-Fong ChenAppellate Division of the Supreme Court of the State of New York · 1999
- Natale v. Jeffrey Samel & AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Rudy v. ChaskyAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by5 opinions
- Krichmar v. Queens Medical ImagingAppellate Division of the Supreme Court of the State of New York · 2006
- Riccio v. DeperaltaAppellate Division of the Supreme Court of the State of New York · 2000
- Allen v. PotruchAppellate Division of the Supreme Court of the State of New York · 2001
- Kwang Bok Yi v. Seong AhnAppellate Division of the Supreme Court of the State of New York · 2000
- New Field International, Inc. v. KleinAppellate Division of the Supreme Court of the State of New York · 2000