Legal Opinion

Florestal v. Little Flower Children's Services

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

Decided July 6, 2004PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated September 9, 2003, which granted the plaintiffs motion to vacate a 90-day demand and to extend the time to complete discovery and denied its cross motion pursuant to CPLR 3216 to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

The Supreme Court improvidently exercised its discretion in granting the plaintiffs motion to vacate the…

2Cases cited5 opinions

  1. Dhaliwal v. Long Boat Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Carota v. Massapequa Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  3. Acevedo v. DePenaAppellate Division of the Supreme Court of the State of New York · 2004
  4. Palermo v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1999
  5. Guang Jing Chen v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by8 opinions

  1. Sanchez v. SerjeAppellate Division of the Supreme Court of the State of New York · 2010
  2. Anjum v. KaragozAppellate Division of the Supreme Court of the State of New York · 2008
  3. Harrington v. TobackAppellate Division of the Supreme Court of the State of New York · 2006
  4. Kang v. LaGuardia HospitalAppellate Division of the Supreme Court of the State of New York · 2004
  5. Vasquez v. StateAppellate Division of the Supreme Court of the State of New York · 2004

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