Legal Opinion

Albert v. Wolf

Civil Court of the City of New York

Decided October 1, 2002PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Eileen A. Rakower, J.

Defendant moves the court for an order pursuant to CPLR 2221 for leave to reargue and renew his motion to dismiss for plaintiffs’ failure to prosecute this action, which was previously denied on July 19, 2001. Defendant bases this motion on the fact that plaintiffs materially misrepresented their readiness for trial at the time of the initial motion, and that they still are not ready to proceed.

When the court rendered its July 2001 decision it excused a minimal nine-day delay in order to give plaintiffs the opportunity to proceed to trial. Yet,…

2Cases cited16 opinions

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  2. Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  3. William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
  4. In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
  5. Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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3Cited by1 opinion

  1. N.Y.C. Medical & Neurodiagnostic, P.C. v. Republic Western InsuranceCivil Court of the City of New York · 2004

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