Egwuonwu v. Simpson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated September 11, 2002, which granted the plaintiffs’ motion pursuant to CPLR 3404 to restore the case to the trial calendar.
Ordered that the order is affirmed, with costs.
In Basetti v Nour (287 AD2d 126 [2001]), this Court discussed various courses of action available to a trial court in the exercise of its discretion when, as here, a party fails to appear or for some reason is unable to proceed at a call of the trial calendar, and the various…
2Cases cited6 opinions
- Sholes v. MeagherNew York Court of Appeals · 2003
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Weinberg v. Hertz Corp.New York Court of Appeals · 1987
- Velasquez v. C.F.T., Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- Serradilla v. Lords Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Barry v. BarryAppellate Division of the Supreme Court of the State of New York · 2009
- Arcade Contracting & Restoration, Inc. v. 24 Aqueduct Lane Condominium Ass'nAppellate Division of the Supreme Court of the State of New York · 2008