Legal Opinion
Henne v. Lefrak
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 1998PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Lane, J.), dated November *6296, 1996, which, upon reargument, granted the plaintiffs motion to vacate the automatic dismissal of the complaint and denied their cross motion pursuant to CPLR 3404 to dismiss the action as abandoned.
Ordered that the order is affirmed, with costs.
Restoration of a case to the trial calendar subsequent to an automatic dismissal pursuant to CPLR 3404 is a proper exercise of the court’s discretion if the movant establishes the merit of the…
2Cases cited2 opinions
- Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Felder v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Nicholos v. Cashelard Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Kranz v. BravermanAppellate Division of the Supreme Court of the State of New York · 2005
- Rivers v. Jamaica Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Nisselson v. Hercules Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000