Legal Opinion

Costigan v. Bleifeld

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

Decided September 6, 2005PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated November 25, 2002, which denied that branch of their motion which was pursuant to CPLR 3404 to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate a reasonable excuse for their failure to make the motion to restore until more than one *872year after the action had been marked off the trial calendar. Also, in light of the lapse of some 13 years between the date of the…

2Cases cited3 opinions

  1. Carter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  2. Collins v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Cobos v. PhiefferAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by8 opinions

  1. Krichmar v. Queens Medical ImagingAppellate Division of the Supreme Court of the State of New York · 2006
  2. Mooney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  3. Leinas v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
  4. Bornstein v. Clearview Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Karwowski v. Wonder Works ConstructionAppellate Division of the Supreme Court of the State of New York · 2010

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