Legal Opinion

Vasquez v. State

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

Decided November 18, 2004No. Claim No. 102983PublishedCited by 4 opinions

1Opinion of the CourtPeters, J.

Appeal from a judgment of the Court of Claims (Hard, J.), entered July 2, 2003, which, inter alia, granted defendant’s cross motion to dismiss the claim.

In this action to recover damages for personal injuries incurred in January 2000 while claimant was an inmate at the Ogdensburg Correctional Facility in St. Lawrence County, we are left to determine whether the Court of Claims properly dismissed the claim for want of prosecution pursuant to CPLR 3216. Eighty-one days after having been served with a 90-day notice (see CPLR 3216 [b]), claimant moved for, among other things, an order compelling…

2Cases cited15 opinions

  1. Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
  2. Moran v. RynarAppellate Division of the Supreme Court of the State of New York · 1972
  3. Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
  4. Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1988
  5. Lichter v. StateAppellate Division of the Supreme Court of the State of New York · 1993

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Horton v. WardenAppellate Division of the Supreme Court of the State of New York · 2006
  2. Altu v. ClarkAppellate Division of the Supreme Court of the State of New York · 2005
  3. Burchard v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 2008
  4. Connors v. ASM Global Parent, Inc.Appellate Division of the Supreme Court of the State of New York · 2026

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