Legal Opinion
Fraga v. Smithaven Open MRI
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2004PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for unfair competition, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeMaro, J), dated January 13, 2003, which denied her motion to deem a note of issue filed on July 26, 2001, to have been timely filed and to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
The certification order dated April 18, 2000, which directed the plaintiff to serve and file a note of issue within 90 days pursuant to CELR 3216, and which was signed by counsel for all parties, constituted a valid 90-day notice pursuant to…
2Cases cited12 opinions
- Allied Maintenance Corp. v. Allied Mechanical Trades, Inc.New York Court of Appeals · 1977
- Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Aguilar v. KnutsonAppellate Division of the Supreme Court of the State of New York · 2002
- Camelot Associates Corp. v. Camelot Design & Development LLCAppellate Division of the Supreme Court of the State of New York · 2002
- Sample, Inc. v. PorrathNew York Court of Appeals · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Felix v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
- Parker v. Hasem GroceryAppellate Division of the Supreme Court of the State of New York · 2004