Legal Opinion
Carino Italian Style, S.R.L. v. Shammah
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1999PublishedCited by 3 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered October 2, 1998, denying the motion to vacate the court’s memorandum decision/order dated April 15, 1998, which had dismissed the complaint for neglect to prosecute, unanimously reversed, on the law, the facts, and in the exercise of discretion, with costs against each defendant, the motion granted, and the complaint reinstated.
There is no allegation by defendants-respondents, nor any finding by the trial court, that a written ninety day demand to file and serve a note of issue was served on plaintiffs-appellants as…
2Cases cited7 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Chase v. ScavuzzoNew York Court of Appeals · 1995
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
- Ameropan Realty Corp. v. Rangeley Lakes Corp.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- Martinez v. JesionowskaAppellate Division of the Supreme Court of the State of New York · 2006
- ARC Municipal Securities Corp. v. Kleinberg, Kaplan, Wolff & Cohen, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Hensle v. 69/70 Street AssociatesAppellate Terms of the Supreme Court of New York · 2000