Legal Opinion
Foster v. Gherardi
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1994PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Ingrassia, J.), entered July 29, 1991, which, after a hearing, denied their motion to vacate the dismissal of their complaint based upon their default in appearing at the trial.
Ordered that the order is affirmed, without costs or disbursements.
On the record before us, the Supreme Court did not improvidently exercise its discretion in dismissing the action based on counsel’s failure to appear for trial on the scheduled date.
On February 19, 1982, the…
2Cases cited3 opinions
- Clarke v. New Rochelle Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1989
- Ford v. Village of Croton-on-HudsonAppellate Division of the Supreme Court of the State of New York · 1988
- Romer v. Middletown School DistrictNew York Supreme Court · 1987
3Cited by7 opinions
- Adams v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998
- Government Employees Insurance v. Dae-Hee LeeAppellate Division of the Supreme Court of the State of New York · 2010
- Bitzios v. MichelakisAppellate Division of the Supreme Court of the State of New York · 2011
- Booth v. Hawk Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Klein v. PersaudAppellate Division of the Supreme Court of the State of New York · 2011
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