Williams v. D'Angelo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Levine, J.), dated August 13, 2004, which denied their *539motion to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
A case marked off the trial calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be restored to the trial calendar provided that the plaintiff demonstrates a meritorious cause of action, a reasonable excuse for the delay in…
2Cases cited6 opinions
- Iazzetta v. VicenziAppellate Division of the Supreme Court of the State of New York · 1997
- Sheridan v. Mid-Island Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Yousian v. New York Medical Center Hospital of QueensAppellate Division of the Supreme Court of the State of New York · 2000
- Magnone v. Gemm Custom Brokers, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Butindaro v. GrinbergAppellate Division of the Supreme Court of the State of New York · 2008
- Krichmar v. Queens Medical ImagingAppellate Division of the Supreme Court of the State of New York · 2006
- Leinas v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Gajek v. Hampton Bays Volunteer Ambulance Corps.Appellate Division of the Supreme Court of the State of New York · 2010
- Strancewilko v. MartinAppellate Division of the Supreme Court of the State of New York · 2008
7 more not listed; retrieve them via the Exa API.