Lopez v. Imperial Delivery Service, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Feuerstein, J.
The issue presented in this case is whether CPLR 3404, which provides that a case marked “ ‘off or struck from the calendar * * * and not restored within one year thereafter, shall be deemed abandoned and shall be dismissed,” should be applied to cases where no note of issue has been filed, i.e., cases which have not yet reached the trial calendar. It has become an all too common practice in the trial courts to mark a case off during the discovery phase of litigation by deeming it to be on the court’s “calendar” or by creating a special “purge” calendar for…
2Cases cited17 opinions
- In re AhoNew York Court of Appeals · 1976
- Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
- Longacre Corp. v. Better Hospital Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Safina v. Queens-Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 1997
- Nahmani v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by182 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- OneWest Bank, FSB v. SingerAppellate Division of the Supreme Court of the State of New York · 2017
- Pelaez v. Westchester Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
- Vinikour v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2003
177 more not listed; retrieve them via the Exa API.