Legal Opinion
Stancati v. Weber
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 2005PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, misrepresentation, and assault, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molía, J.), dated January 22, 2004, which denied her motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
A party seeking to restore a case to the trial calendar more than one year after it has been marked “off,” and after it has been dismissed pursuant to CPLR 3404, must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon…
2Cases cited7 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Sheridan v. Mid-Island Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Castillo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Kourtsounis v. ChakrabartyAppellate Division of the Supreme Court of the State of New York · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gajek v. Hampton Bays Volunteer Ambulance Corps.Appellate Division of the Supreme Court of the State of New York · 2010
- Vasquez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Vasquez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012