Legal Opinion
Restaino v. Capicotto
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 2006PublishedCited by 7 opinions
1Opinion of the Court
Appeals from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 9, 2003 in a medical malpractice action. The order, inter alia, denied defendants’ cross motions to dismiss the complaint for failure to prosecute pursuant to CPLR 3216.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Supreme Court did not abuse its discretion in denying defendants’ respective cross motions to dismiss the complaint for failure to prosecute pursuant to CPLR 3216 and in granting that part of…
2Cases cited5 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Pastore v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Martinisi v. Cornwall HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Rust v. TurgeonAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- Hawe v. DelmarAppellate Division of the Supreme Court of the State of New York · 2017
- Castiglione v. PisanczynAppellate Division of the Supreme Court of the State of New York · 2023
- Amanda C.S. v. StearnsAppellate Division of the Supreme Court of the State of New York · 2008
- HAWE, RONALD L. v. DELMAR, TODDAppellate Division of the Supreme Court of the State of New York · 2017
- Hawe v. DelmarAppellate Division of the Supreme Court of the State of New York · 2017
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