Legal Opinion
123X Corp. v. McKenzie
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 2004PublishedCited by 14 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated February 26, 2003, which granted the plaintiffs motion to “restore” the action to the calendar and denied their cross motion to dismiss the action.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the plaintiffs motion to *770“restore” this action after it had been marked inactive due to the parties’ failure to appear at a status conference. CPLR 3404 does not apply to this pre-note of issue action (see Lopez v Imperial Delivery Serv.,…
2Cases cited5 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Farley v. Danaher Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Torres v. Nu-Way Machinery Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Gendus v. Sheraton / Atlantic City WestAppellate Division of the Supreme Court of the State of New York · 2003
- Lucious v. Rutland Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by14 opinions
- Andre v. Bonetto Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Mitskevitch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Burdick v. MarcusAppellate Division of the Supreme Court of the State of New York · 2005
- Bar-El v. Key Food Stores Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Transtechnology Corp. v. AssessorAppellate Division of the Supreme Court of the State of New York · 2010
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