Patel v. MBG Development, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of warranty, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered January 24, 2007, which granted the plaintiffs’ motion, in effect, pursuant to CPLR 5015 (a) (4) to vacate an order of the same court entered March 12, 2003, dismissing the action pursuant to CPLR 3216 if the plaintiffs did not file a note of issue within 10 days, and to restore the action to the pre-note of issue calendar.
Ordered that the order is affirmed, with costs.
A court may not dismiss an action based on neglect to…
2Cases cited9 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Delgado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Beepat v. JamesAppellate Division of the Supreme Court of the State of New York · 2003
- Murray v. T.W. Smith Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Wollman v. BerlinerAppellate Division of the Supreme Court of the State of New York · 2006
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- US Bank, National Ass'n v. MizrahiAppellate Division of the Supreme Court of the State of New York · 2017
- Citimortgage, Inc. v. FerrariAppellate Division of the Supreme Court of the State of New York · 2019
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