Legal Opinion
Lafata v. 712 Fifth Avenue Associates
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1997PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated May 3,1996, which granted the plaintiffs’ motion to vacate the automatic dismissal of the action pursuant to CPLR 3404 and restored the action to the trial calendar conditioned on the payment of $500 by the plaintiffs’ attorney to the defendants.
Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion is denied.
A party seeking to restore a case which has been dismissed pursuant to CPLR 3404 must demonstrate a…
2Cases cited5 opinions
- Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Friedberg v. Bay Ridge Orthopedic AssociatesAppellate Division of the Supreme Court of the State of New York · 1986
- Roland v. NapolitanoAppellate Division of the Supreme Court of the State of New York · 1994
- Rodriguez v. Hercules Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Pellegrino v. St. Agnes Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- McCarthy v. BagnerAppellate Division of the Supreme Court of the State of New York · 2000
- Aguilar v. DjonvicAppellate Division of the Supreme Court of the State of New York · 2001