Legal Opinion
Malpass v. Mavis Tire Supply Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 1988PublishedCited by 13 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants Mavis Tire Supply Corporation and Marvin G. French, Jr., appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered November 12, 1987, which denied their motion to dismiss the action as against them on the ground of the plaintiffs’ failure to timely move to restore their case to the Trial Calendar and granted the plaintiffs’ cross motion to restore the action to the Trial Calendar.
Ordered that the order is affirmed, with costs.
Under CPLR 3404, an action stricken from the calendar and not…
2Cases cited5 opinions
- Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Merrill v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1984
- Curtin v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Tucker v. Hotel Employees & Restaurant Employees UnionAppellate Division of the Supreme Court of the State of New York · 1987
- 3 Park Avenue Co. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by13 opinions
- Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Hewitt v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991
- Diamond v. J.B.J. Management Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Hagelman v. SheridanAppellate Division of the Supreme Court of the State of New York · 1989
- Roberts v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1994
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