Legal Opinion
M. Parisi & Son Construction Co. v. Long Island Obs/Gyn, P.C.
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 2007PublishedCited by 9 opinions
1Opinion of the Court
*820In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered December 27, 2005, which denied its motion to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
A plaintiff 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,…
2Cases cited4 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Swedish v. BourieAppellate Division of the Supreme Court of the State of New York · 1996
- Krichmar v. Queens Medical ImagingAppellate Division of the Supreme Court of the State of New York · 2006
- Schwartz v. Mandelbaum & GluckAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by9 opinions
- Mooney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Bornstein v. Clearview Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Agli v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 2012
- Vidal v. RicciardiAppellate Division of the Supreme Court of the State of New York · 2011
- Vaream v. CorinesAppellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.