Ronsco Construction Co. v. 30 East 85th Street Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Williams, J.
This appeal addresses the questions of whether this action should be deemed dismissed pursuant to CPLR 3404 where plaintiff moved to restore it to the Trial Calendar within one year of the date that it was marked off the calendar, and the motion was granted but entered more than one year from the date it had been marked off; and whether, in any case, plaintiff met the burden for restoring the action to the calendar.
In December 1985, the parties entered into a contract whereby plaintiff agreed to provide "rough and finish” carpentry work on a construction…
2Cases cited8 opinions
- Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 1989
- Falso v. NortonAppellate Division of the Supreme Court of the State of New York · 1982
- 3 Park Avenue Co. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1985
- Maida v. Rite Aid Corp.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by17 opinions
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- Levy v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Polir Construction, Inc. v. EtinginAppellate Division of the Supreme Court of the State of New York · 2002
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