Legal Opinion
Rivers v. Jamaica Water Supply Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1998PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated February 21,1997, as denied that branch of their motion which was to vacate the automatic dismissal of the action entered pursuant to CPLR 3404.
Ordered that the order is affirmed insofar as appealed from, with costs.
“A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the…
2Cases cited8 opinions
- Civello v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1993
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Kopilas v. PetersonAppellate Division of the Supreme Court of the State of New York · 1994
- Iazzetta v. VicenziAppellate Division of the Supreme Court of the State of New York · 1997
- Roland v. NapolitanoAppellate Division of the Supreme Court of the State of New York · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCarthy v. BagnerAppellate Division of the Supreme Court of the State of New York · 2000
- Cruz v. Volkswagen of America Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Angelucci v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Avila v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Balducci v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1999