Legal Opinion
Mannino v. Huntington Hilton Hotel
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 2002PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated August 1, 2001, which denied his motion pursuant to CPLR 3404 to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
A plaintiff seeking restoration of an action within one year of it being marked off the trial calendar need not demonstrate a reasonable excuse, a meritorious action, lack of intent to abandon, and a lack of prejudice to the defendants (see Basetti v Nour,…
2Cases cited2 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Polvino v. Island Group Administration, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by6 opinions
- Maragos v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Brannigan v. Board of Education of Levittown Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Lyons v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2007
- DiPietro v. ShenAppellate Division of the Supreme Court of the State of New York · 2004
- Newsome v. AkinsAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.