Cruz v. Volkswagen of America Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated February 4, 2000, which granted the plaintiffs motion to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
A party seeking to restore to the trial calendar a case 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…
2Cases cited12 opinions
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- 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
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3Cited by9 opinions
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- Claire v. GaskinAppellate Division of the Supreme Court of the State of New York · 2002
- Castillo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
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