Legal Opinion
Auerbach v. Kaufman
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1991PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Harold Tompkins, J.), entered on July 18, 1990, which, inter alia, granted defendants’ CPLR 3404 motion to dismiss the action for failure to prosecute, unanimously reversed, on the law, the facts and in the exercise of discretion, and the action reinstated, with costs.
This accounting action was improperly dismissed pursuant to CPLR 3404. No note of issue was ever filed in the case and there is no evidence in either the Referee’s scheduling papers or the Supreme Court Clerk’s minutes indicating that the action had been marked or struck from the calendar.
*230Fu…
2Cases cited2 opinions
- Thompson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1984
- Trustees of Freeholders & Commonalty v. HeilnerAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by8 opinions
- State v. Warren Bros.Appellate Division of the Supreme Court of the State of New York · 1993
- Di Roma v. Tripodi Eyewear International, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Flushing National Bank v. Carat Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Hatzlachh Supply Co. v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 1992
- Du Chateau v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 2001
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