Legal Opinion

Hummeil v. Belanich

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 1978PublishedCited by 4 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term, entered August 17, 1977 in Albany County, which granted plaintiffs’ motion to restore the within action to the Trial Calendar. Although plaintiffs’ motion should have been styled as one to vacate the automatic dismissal of their complaint rather than one to restore their action to the Trial Calendar, the distinction is of no importance for we will so treat it and apply the standard for determining such an application. We accept the reasonableness of plaintiffs’ excuse for failing to have this matter timely removed from the Deferred…

2Cases cited4 opinions

  1. Hickey v. ShumacherAppellate Division of the Supreme Court of the State of New York · 1976
  2. Quick-Way Excavators, Inc. v. D. H. Overmyer Co.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Adriance v. County of RensselaerAppellate Division of the Supreme Court of the State of New York · 1976
  4. Sgambelluri v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by4 opinions

  1. Merrill v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1984
  2. Baumgartner v. Foodarama Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Echevarria v. Jacob BankAppellate Division of the Supreme Court of the State of New York · 1985
  4. Van Sant v. HallAppellate Division of the Supreme Court of the State of New York · 1983

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