Legal Opinion
Ware v. Porter
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1996PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, Queens County (Alan Levine, J.), entered on or about March 13, 1995, which granted plaintiffs’ motion to vacate the dismissal of the action pursuant to CPLR 3404, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion is denied and the complaint is dismissed.
It is well-settled that once a case is dismissed pursuant to CPLR 3404, a party seeking to restore the case to the trial *215calendar must demonstrate that the case has merit, that a reasonable excuse for the delay exists, the absence of an intent to abandon the matter,…
2Cases cited4 opinions
- Civello v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1993
- Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Kopilas v. PetersonAppellate Division of the Supreme Court of the State of New York · 1994
- Roland v. NapolitanoAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by12 opinions
- Mediavilla v. GurmanAppellate Division of the Supreme Court of the State of New York · 2000
- Nicholos v. Cashelard Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Almanzar v. Rye Ridge Realty Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Werner v. Tiffany & Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Uddaraju v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
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