Legal Opinion

Frankola v. Mainco Co.

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

Decided November 30, 2000Published

1Opinion of the Court

—Order, Supreme Court, New York County (Leland DeGrasse, J.), *179entered March 15, 1999, which denied plaintiff’s motion to restore the action to the trial calendar, unanimously affirmed, without costs.

The motion to restore was properly denied where disclosure was not complete when the action was stricken from the trial calender, no disclosure took place while the case was off the calendar, and defendants would be prejudiced by having to complete disclosure eleven years after the incident and eight years after the action was stricken (see, Rodriguez v Middle Atl. Auto Leasing, 122 AD2d 720, 723,…

2Cases cited2 opinions

  1. Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Hasselt v. AllenAppellate Division of the Supreme Court of the State of New York · 1991

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