Legal Opinion

Grant v. Rattoballi

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 2008PublishedCited by 9 opinions

1Opinion of the Court

In this action for misappropriation of corporate assets, the order dismissing the complaint for failure to appear at a court conference should be vacated where the party shows a reasonable excuse for the default and a meritorious cause of action (see Polir Constr. v Etingin, 297 AD2d 509, 511 [2002]). Plaintiff *273submitted an affidavit of merit sufficiently setting forth his claims alleging, inter alia, that defendant had used corporate funds for personal purposes and liquidated plaintiffs retirement fund.

The power of a nisi prius court to dismiss an action sua sponte should be used sparingly…

2Cases cited7 opinions

  1. Chase v. ScavuzzoNew York Court of Appeals · 1995
  2. Rienzi v. RienziAppellate Division of the Supreme Court of the State of New York · 2005
  3. Campos v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Levy v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  5. Polir Construction, Inc. v. EtinginAppellate Division of the Supreme Court of the State of New York · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Ray v. Lee ChenAppellate Division of the Supreme Court of the State of New York · 2017
  2. McCagg v. Schulte Roth & Zabel LLPAppellate Division of the Supreme Court of the State of New York · 2010
  3. Melikov v. 66 Overlook Terrace Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Thornton v. New York City Board/Department of EducationAppellate Division of the Supreme Court of the State of New York · 2015
  5. Cooper v. BroemsAppellate Division of the Supreme Court of the State of New York · 2023

4 more not listed; retrieve them via the Exa API.

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