Legal Opinion
Leonardelli v. Presbyterian Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 2001PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered July 3, 2000, which denied plaintiffs motion to restore the action to the trial calendar, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, the CPLR 3404 dismissal vacated, and the action restored to the trial calendar.
The motion court apparently assumed that the automatic dismissal of the action on August 3, 1999, pursuant to CPLR 3404, eliminated the court’s discretion to consider restoring the case to the calendar, since it reasoned that there was no longer…
2Cases cited8 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Zabari v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Nicholos v. Cashelard Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Ronsco Construction Co. v. 30 East 85th Street Co.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by5 opinions
- Wynter v. Our Lady of Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2004
- Burgos v. 2915 Surf Ave. Food Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Estevez v. ColemanAppellate Division of the Supreme Court of the State of New York · 2005
- Transtechnology Corp. v. Board of AssessorsNew York Supreme Court · 2008
- La Sala v. CornellAppellate Division of the Supreme Court of the State of New York · 2002