Legal Opinion
Kushmakova v. Meadow Park Rehabilitation & Health Care Center
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2008Published
1Opinion of the Court
*435In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Agate, J.), dated November 30, 2007, as denied its motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute, granted that branch of the plaintiffs cross motion which was to vacate the 90-day demand pursuant to CPLR 3216, and, in effect, granted that branch of the plaintiffs cross motion which was to extend the time within which to complete discovery.
Ordered that the order is reversed insofar as appealed from,…
2Cases cited12 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Di Simone v. Good Samaritan HospitalNew York Court of Appeals · 2003
- Lugauer v. Forest City Ratner Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Burke v. KleinAppellate Division of the Supreme Court of the State of New York · 2000
- Florestal v. Little Flower Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2004
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