Robinson v. New York City Transit Authority
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, the defendant appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated December 28, 1991, which granted the plaintiff’s motion to vacate the dismissal of the complaint and restore the action to the status calendar.
Ordered that the order is reversed, on the law, with costs, the plaintiff’s motion is denied, and the complaint is dismissed.
In order to vacate a dismissal pursuant to CPLR 3404, the plaintiff must show a reasonable excuse for the delay, lack of prejudice to the adversary, a meritorious cause of action, and…
2Cases cited9 opinions
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Fluman v. TSS Department StoresAppellate Division of the Supreme Court of the State of New York · 1984
- Escobar v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Eveready Insurance v. DevissiereAppellate Division of the Supreme Court of the State of New York · 1987
- Gray v. Sandoz PharmaceuticalsAppellate Division of the Supreme Court of the State of New York · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Iazzetta v. VicenziAppellate Division of the Supreme Court of the State of New York · 1997
- Costello v. ReillyAppellate Division of the Supreme Court of the State of New York · 2007
- Kourtsounis v. ChakrabartyAppellate Division of the Supreme Court of the State of New York · 1998
26 more not listed; retrieve them via the Exa API.