Legal Opinion

Tolmasova v. Umarova

Appellate Division of the Supreme Court of the State of New York

Decided October 11, 2005PublishedCited by 7 opinions

1Opinion of the Court

In an action, inter alia, to recover the amount due on promissory notes and damages for legal malpractice, the defendant Roman V. Popik appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated January 21, 2005, as denied his motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him for failure to prosecute.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3216 is “extremely forgiving” (Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]) in that it “never requires, but…

2Cases cited3 opinions

  1. Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
  2. Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
  3. Di Simone v. Good Samaritan HospitalNew York Court of Appeals · 2003

3Cited by7 opinions

  1. Goldblum v. Franklin Munson Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  2. Klein v. MTA-Long Island BusAppellate Division of the Supreme Court of the State of New York · 2009
  3. Ramon v. ZangariAppellate Division of the Supreme Court of the State of New York · 2014
  4. Darty v. Hempstead Village Housing AssociatesAppellate Division of the Supreme Court of the State of New York · 2012
  5. Gadsden v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

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