Etter v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated April 2, 1998, which granted the plaintiffs’ motion to restore the action to the trial calendar and denied their cross motions to dismiss the action as abandoned.
Ordered that the order is affirmed, with one bill of costs.
On September 20, 1994, this case was marked off the trial calendar upon agreement by the parties. One year later, pursuant to CPLR 3404, the action was deemed abandoned and automatically dismissed (see, Rosser…
2Cases cited6 opinions
- Friedberg v. Bay Ridge Orthopedic AssociatesAppellate Division of the Supreme Court of the State of New York · 1986
- Monahan v. FioreAppellate Division of the Supreme Court of the State of New York · 1979
- Hillegass v. DuffyAppellate Division of the Supreme Court of the State of New York · 1989
- Escobar v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Rosser v. ScacalossiAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
- Sheridan v. Mid-Island Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Ettehadieh v. DolanAppellate Division of the Supreme Court of the State of New York · 2001
- Ziegler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999