Legal Opinion

Tesciuba v. Cataldo

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

Decided January 14, 1993PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Robert E. White, J.), entered November 4, 1991, which denied plaintiffs motion for an extension of time within which to seek a new trial, unanimously affirmed, without costs.

The IAS Court did not abuse its discretion in denying plaintiff additional time pursuant to CPLR 2004 within which to make a post-trial motion for a new trial pursuant to CPLR 4404 and 4405, there being no explanation from plaintiff showing "good cause” for his lengthy delay of more than two years in seeking such an extension, and defendant having died and the Trial Judge having…

2Cases cited2 opinions

  1. St. Louis v. WilleyAppellate Division of the Supreme Court of the State of New York · 1983
  2. Robinson & Carpenter Inc. v. GanglAppellate Division of the Supreme Court of the State of New York · 1968

3Cited by5 opinions

  1. Casey v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1995
  2. Branciforte v. Spanish Naturopath Society, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Gorbea v. DeCohenAppellate Division of the Supreme Court of the State of New York · 2014
  4. Gorbea v. DeCohenAppellate Division of the Supreme Court of the State of New York · 2014
  5. Malecaj v. West 70th Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2024

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