Legal Opinion
Furniture Village, Inc. v. Schoenberger
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2001PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Kangs County (I. Aronin, J.), dated July 24, 2000, which denied its motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
It is well settled that a party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to…
2Cases cited5 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Kopilas v. PetersonAppellate Division of the Supreme Court of the State of New York · 1994
- Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Jeffs v. Janessa, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Prado v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by5 opinions
- Vaream v. CorinesAppellate Division of the Supreme Court of the State of New York · 2010
- Shah v. Carlton Gardens Housing Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Groudine v. Delco Development Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Mandel v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2001
- Ruiz v. RoofehAppellate Division of the Supreme Court of the State of New York · 2001