Legal Opinion
Stewart v. Tapps Supermarket, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2001PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Jones, J.), dated March 9, 2001, which granted the plaintiffs motion pursuant to CPLR 3404 to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
It is well settled that a plaintiff seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must establish all of the following: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in…
2Cases cited4 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Schwartz v. Mandelbaum & GluckAppellate Division of the Supreme Court of the State of New York · 1999
- Vargas v. Flatbush Pest Control, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Moses v. Wilmaud Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- Mooney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Kumar v. Yonkers Contracting Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Saint Mary Byzantine Catholic Church v. KalinAppellate Division of the Supreme Court of the State of New York · 2013
- Saint Mary Byzantine Catholic Church v. KalinAppellate Division of the Supreme Court of the State of New York · 2013