Legal Opinion
Small v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 2003PublishedCited by 3 opinions
1Opinion of the Court
—In an action, *270inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated November 1, 2002, which denied her motion to restore the action to the trial calendar pursuant to CPLR 3404.
Ordered that the plaintiff’s notice of appeal from a decision of the same court, dated January 16, 2002, is deemed to be a premature notice of appeal from the order dated November 1, 2002 (see CPLR 5520 [c]); and it is further,
Ordered that the order is reversed, on the law, the motion is granted, and the action is restored to the…
2Cases cited6 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Maragos v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Acheson v. ShepardAppellate Division of the Supreme Court of the State of New York · 2002
- D'Ecclesiis v. MannaAppellate Division of the Supreme Court of the State of New York · 2001
- Litras v. LitrasAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Botsas v. GrossmanAppellate Division of the Supreme Court of the State of New York · 2004
- Lyons v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2007
- Velkas v. KaplanAppellate Division of the Supreme Court of the State of New York · 2005