Hatcher v. Cassanova
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Smith, J.), dated February 2, 1990, as denied that branch of her motion which was to restore the action to the calendar.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that a motion to vacate the dismissal of an action pursuant to CPLR 3404 and to restore the matter to the calendar is addressed to the sound discretion of the trial court (see, e.g., Ceravolo v Sunnyside Mkt., 168…
2Cases cited7 opinions
- Merrill v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1984
- Curtin v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Rosser v. ScacalossiAppellate Division of the Supreme Court of the State of New York · 1988
- Moye v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- O'Boye v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by12 opinions
- Iazzetta v. VicenziAppellate Division of the Supreme Court of the State of New York · 1997
- Carter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Maida v. Rite Aid Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Rudy v. ChaskyAppellate Division of the Supreme Court of the State of New York · 1999
- Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
7 more not listed; retrieve them via the Exa API.