Legal Opinion
Kallicharan v. Coombes Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2004PublishedCited by 4 opinions
1Opinion of the Court
*579In an action, inter alia, to recover damages for breach of a lease, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Davis, J.), dated February 25, 2003, which denied their motion to restore the action to active status.
Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.
The Supreme Court erred in denying the plaintiffs’ motion to “restore” this action to active status. CPLR 3404 does not apply to this pre-note of issue…
2Cases cited5 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Johnson v. Brooklyn Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Farley v. Danaher Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Torres v. Nu-Way Machinery Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Gendus v. Sheraton / Atlantic City WestAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by4 opinions
- Bar-El v. Key Food Stores Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Corporate Visions, Inc. v. Sterling Promotional Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Reed v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 2012
- Reed v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 2012