Ruberto v. Kandel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a medical malpractice action to recover damages for personal injuries, etc., the defendants separately appeal from an order of the Supreme Court, Suffolk County *661(Vaughn, J.), dated December 11, 1989, which granted the plaintiffs motion pursuant to CPLR 3404 and CPLR 2005 to restore the action to the trial calendar.
Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
In order to have his case restored to the trial calendar pursuant to CPLR 3404, the plaintiff was required to show a reasonable excuse for the…
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
- Sheehan v. HollywoodAppellate Division of the Supreme Court of the State of New York · 1985
- Roeder v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- Dramer v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
- Stern v. AstinoAppellate Division of the Supreme Court of the State of New York · 1990