Legal Opinion
Lyons v. Donnelly
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2007PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for legal malpractice and breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated July 15, 2005, which denied his motion to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
“A plaintiff seeking to restore a case within one year of it being marked off the calendar need not demonstrate a reasonable excuse, a meritorious action, lack of intent to abandon, or a lack of prejudice to the defendants” (DiPietro v Shen, 12 AD3d 343, 343…
2Cases cited7 opinions
- Maragos v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Acheson v. ShepardAppellate Division of the Supreme Court of the State of New York · 2002
- Brannigan v. Board of Education of Levittown Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Mannino v. Huntington Hilton HotelAppellate Division of the Supreme Court of the State of New York · 2002
- Small v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Plotkin v. J.J. Nazzaro Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2013
- Plotkin v. J.J. Nazzaro Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2013