Legal Opinion

Rubenbauer v. Mekelburg

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 2005PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J), dated November 9, 2004, which granted the plaintiffs’ mo*827tion to vacate the dismissal of the complaint pursuant to 22 NYCRR 202.27 (b) and to restore the action to the trial calendar.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

The complaint was dismissed pursuant to 22 NYCRR 202.27 (b) after the plaintiffs’ counsel failed to appear for oral argument on a pending motion. To be relieved…

2Cases cited5 opinions

  1. Solomon v. RamlallAppellate Division of the Supreme Court of the State of New York · 2005
  2. Echevarria v. WatersAppellate Division of the Supreme Court of the State of New York · 2004
  3. Tyberg v. NeusteinAppellate Division of the Supreme Court of the State of New York · 2005
  4. Kang v. LaGuardia HospitalAppellate Division of the Supreme Court of the State of New York · 2004
  5. Bitterman v. HurewitzAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by9 opinions

  1. Bollino v. HitzigAppellate Division of the Supreme Court of the State of New York · 2006
  2. McClaren v. Bell AtlanticAppellate Division of the Supreme Court of the State of New York · 2006
  3. Gazetten Contracting, Inc. v. HCO, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Francis v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 2007
  5. Nahum v. MansourAppellate Division of the Supreme Court of the State of New York · 2013

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