Legal Opinion
Kramme v. Brettler
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1991PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Winick, J.), dated December 22, 1989, which denied their motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
A motion to restore an action to the trial calendar must be supported by a proper certificate of readiness and by affidavits showing an excuse for the delay in prosecution and demonstrating the merits of the action (see, 22 NYCRR 202.21 [f]; Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693; Balducci v…
2Cases cited5 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
- Balducci v. JasonAppellate Division of the Supreme Court of the State of New York · 1987
- Wulster v. RubinsteinAppellate Division of the Supreme Court of the State of New York · 1987
- Baumgartner v. Foodarama Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by2 opinions
- O'Ferral v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Beal Bank, SSB v. RizzutiAppellate Division of the Supreme Court of the State of New York · 2000