Legal Opinion
Revell v. New York Cares Organization, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 24, 2003PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 2, 2001, which denied plaintiff’s motion to vacate the dismissal of her pre-note of issue case from the calendar, unanimously reversed, on the law, without costs, the dismissal vacated, and the matter restored to the pre-note of issue calendar.
While it is true that a case which has been marked “off” the calendar and not restored within one year is deemed abandoned and is dismissed without costs pursuant to CPLR 3404, where, as here, no note of issue has been filed, CPLR 3404 is inapplicable (see Lourim v…
2Cases cited5 opinions
- Chase v. ScavuzzoNew York Court of Appeals · 1995
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Greene v. New England Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Lourim v. Keystone Shipping Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Carrillo Bravo v. HeldAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by2 opinions
- Rosario v. Ortiz Funeral Home Corp.Civil Court of the City of New York · 2007
- Madigan v. CromptonAppellate Division of the Supreme Court of the State of New York · 2007