Mattera v. Capric
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 defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated January 29, 2008, as, in effect, denied that branch of their cross motion pursuant to CFLR 3215 (c) which was to dismiss the complaint as abandoned.
Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the defendants’ cross motion pursuant to CFLR 3215 (c) which was to dismiss the complaint as abandoned is granted.
“When a…
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