Rudy v. Chasky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a medical malpractice action to recover damages for personal injuries and wrongful death, the defendants appeal from an order of the Supreme Court, Queens County (Posner, J.), dated May 5, 1998, which granted the plaintiffs motion, in effect, to vacate the automatic dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, without costs or disbursements, and the plaintiffs motion is denied.
*626In order to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404, the plaintiff must…
2Cases cited7 opinions
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Hatcher v. CassanovaAppellate Division of the Supreme Court of the State of New York · 1992
- Diamond v. J.B.J. Management Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Rodriguez v. Hercules Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by9 opinions
- Werbin v. LociceroAppellate Division of the Supreme Court of the State of New York · 2001
- Claire v. GaskinAppellate Division of the Supreme Court of the State of New York · 2002
- Castillo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Miller v. FeinAppellate Division of the Supreme Court of the State of New York · 2000
- Moore v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.