McCarthy v. Bagner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), entered April 30, 1999, 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 to the trial calendar an action which has been dismissed pursuant to CPLR 3404 must demonstrate a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action, and a lack of prejudice to the nonmoving party (see, Rivers…
2Cases cited9 opinions
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Jeffs v. Janessa, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Swedish v. BourieAppellate Division of the Supreme Court of the State of New York · 1996
- Carter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Bohlman v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by15 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
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- Cruz v. Volkswagen of America Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Gajek v. Hampton Bays Volunteer Ambulance Corps.Appellate Division of the Supreme Court of the State of New York · 2010
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