Legal Opinion

Morhaim v. Morhaim

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

Decided May 19, 1981PublishedCited by 7 opinions

1Opinion of the Court

— Order, Supreme Court, New York County, entered January 20, 1981, unanimously modified, on the law and in the exercise of discretion, to deny the motion of defendant-respondent to strike plaintiff-appellant’s note of issue *791and to dismiss plaintiff-appellant’s appeal from denial of his cross motion to vacate dismissal of the complaint, without costs. Plaintiff’s entire case having been effectually reinstated by restoration of the note of issue, the dismissal of the complaint pursuant to CPLR 3404 has become academic. The history of this case leading to the literal application of the rule by…

2Cases cited4 opinions

  1. Marco v. SachsNew York Court of Appeals · 1962
  2. Wheelock v. WheelockNew York Court of Appeals · 1958
  3. Boyle v. Krebs & Schulz Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
  4. Mitchell Gaffy v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by7 opinions

  1. Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Merrill v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1984
  3. Katz v. Robinson Silverman Pearce Aronsohn & Berman, L. L. P.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Beltrani v. MirabileAppellate Division of the Supreme Court of the State of New York · 1988
  5. Catalfamo v. Flushing National BankAppellate Division of the Supreme Court of the State of New York · 1983

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