Legal Opinion
Garcia v. Roopnarine
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 2005PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated May 26, 2004, which denied her motion to vacate her default in complying with a 90-day notice and to restore the action to the trial calendar, and granted the defendant’s cross motion to dismiss the complaint pursuant to CPLR 3216.
Ordered that the order is affirmed, with costs.
Having received a 90-day notice pursuant to CPLR 3216 and having failed to comply with the notice by filing a note of issue or by moving, before the default date, either to…
2Cases cited7 opinions
- Salch v. ParatoreNew York Court of Appeals · 1983
- Tietz v. BlattAppellate Division of the Supreme Court of the State of New York · 2001
- Allen v. MakhnevichAppellate Division of the Supreme Court of the State of New York · 2005
- Duqmaq v. StewartAppellate Division of the Supreme Court of the State of New York · 1988
- Basso v. Lessing's Inc.Appellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sharpe v. OsorioAppellate Division of the Supreme Court of the State of New York · 2005
- Colon v. PapatolisAppellate Division of the Supreme Court of the State of New York · 2012
- Frazzetta v. P.C. Celano ContractingAppellate Division of the Supreme Court of the State of New York · 2008
- Kushmakova v. Meadow Park Rehabilitation & Health Care CenterAppellate Division of the Supreme Court of the State of New York · 2008