Legal Opinion
Wulster v. Rubinstein
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1987PublishedCited by 19 opinions
1Opinion of the Court
In a medical malpractice action, the defendant physicians appeal from an order of the Supreme Court, Westchester County (Gagliardi, J.), entered July 8, 1985, which granted the plaintiffs’ motion to restore the action to the Trial Calendar and denied their cross motion to dismiss the action for failure to prosecute.
Ordered that the order is reversed, on the law, with costs, the plaintiffs’ motion is denied, the appellants’ cross motion is granted, and the action is dismissed insofar as it is asserted against the appellants.
A motion to restore a case to the Trial Calendar must be supported by…
2Cases cited4 opinions
- Canter v. MulnickNew York Court of Appeals · 1983
- Vernon v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
- Hatcher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Essner v. KeavyAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by19 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Nepomniaschi v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1992
- Balducci v. JasonAppellate Division of the Supreme Court of the State of New York · 1987
- Iazzetta v. VicenziAppellate Division of the Supreme Court of the State of New York · 1997
- Escobar v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1991
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