Legal Opinion

Kimpel v. Incorporated Village of Rockville Centre

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1994Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (BiPaola, J.), dated November 30, 1992, which denied her motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with one bill of costs to *299the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff’s contention, the court did not improvidently exercise its discretion in denying her motion to restore the case to the trial calendar. The plaintiff failed to demonstrate (1) a meritorious cause of action, (2) a…

2Cases cited5 opinions

  1. Hewitt v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991
  2. Mamet v. MametAppellate Division of the Supreme Court of the State of New York · 1987
  3. Vargas v. Flatbush Pest Control, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Farmer v. L. B. Smith, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  5. Egbert v. Black & Decker, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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