Legal Opinion
Primiano v. Ginsberg
Appellate Division of the Supreme Court of the State of New York
Decided October 14, 2008PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dorsa, J.), entered July 2, 2007, which granted the defendants’ motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute and denied the plaintiffs’ cross motion to vacate a stay of the trial on damages.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the defendants’ motion is denied, the plaintiffs’ cross motion is granted, and the stay of the trial on damages is vacated.
CPLR 3216 is “extremely…
2Cases cited12 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Di Simone v. Good Samaritan HospitalNew York Court of Appeals · 2003
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Klein v. MTA-Long Island BusAppellate Division of the Supreme Court of the State of New York · 2009
- Singleton v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Austin v. GouldAppellate Division of the Supreme Court of the State of New York · 2018
- Umeze v. Fidelis Care New YorkAppellate Division of the Supreme Court of the State of New York · 2010