Legal Opinion
Schmidt v. Mack
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2007PublishedCited by 3 opinions
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Coccoma, J), entered December 7, 2006 in Delaware County, which denied defendant’s motion to dismiss the complaint.
Plaintiff commenced this personal injury action in June 1999 and issue was joined two months later. In September 2003, Supreme Court granted a motion for summary judgment dismissing the complaint against George Mack and Gail Mack. In June 2006, counsel for defendant sent plaintiff a written demand to resume prosecution and file a note of issue (see CPLR 3216). When no note of issue was filed, defendant moved to dismiss the complaint. The…
2Cases cited7 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Mihaly v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1987
- Chauvin v. KeniryAppellate Division of the Supreme Court of the State of New York · 2004
- McCarthy v. JorgensenAppellate Division of the Supreme Court of the State of New York · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Novastar Mortgage, Inc. v. MeliusAppellate Division of the Supreme Court of the State of New York · 2016
- Franjieh v. GerardiAppellate Division of the Supreme Court of the State of New York · 2009
- Wilmington Trust, Natl. Assn. v. MauslerAppellate Division of the Supreme Court of the State of New York · 2021