Legal Opinion
Kassover v. Diamonds Run Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1993PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about June 25, 1992, which, inter alia, *516granted plaintiffs motion to vacate an automatic dismissal pursuant to CPLR 3404 and to restore the action to the calendar, unanimously affirmed, with costs.
Assuming, in defendant’s favor, that CPLR 3404 applies to cases marked off the calendar on consent of the parties as well as to cases struck due to a party’s default or neglect (see, Williams Corp. v Roma Fragrances & Cosmetics, 166 AD2d 327; Escobar v Deepdale Gen. Hosp., 172 AD2d 486), it was not an abuse of discretion to…
2Cases cited2 opinions
- Escobar v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- M.J. Williams Corp. v. Roma Fragrances and Cosmetics, Ltd.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- Aguilar v. DjonvicAppellate Division of the Supreme Court of the State of New York · 2001
- Lebron v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Roberts v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1994
- Lebron v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Pryor v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2007