Legal Opinion
Civello v. Grossman
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1993PublishedCited by 36 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries arising from assault and battery, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lonschein, J.), dated February 28, 1991, which denied their motion to restore this action to the trial calendar.
Ordered that the order is affirmed, with costs.
A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving…
2Cases cited4 opinions
- Chery v. AnthonyAppellate Division of the Supreme Court of the State of New York · 1989
- Hewitt v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991
- Tucker v. Hotel Employees & Restaurant Employees UnionAppellate Division of the Supreme Court of the State of New York · 1987
- Gray v. Sandoz PharmaceuticalsAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by36 opinions
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Kopilas v. PetersonAppellate Division of the Supreme Court of the State of New York · 1994
- Etienne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Jeffs v. Janessa, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Nicholos v. Cashelard Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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