Legal Opinion
Beltrani v. Mirabile
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1988PublishedCited by 8 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Mirabile appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), entered April 9, 1987, which denied his motion to vacate the plaintiffs’ note of issue and certificate of readiness and to strike the action from the Trial Calendar.
Ordered that the order is affirmed, with costs.
*689Under the circumstances of this case, it was not an improvident exercise of discretion to deny the motion to vacate the plaintiffs’ note of issue and certificate of readiness. While CPLR 3404 creates a rebuttable presumption that…
2Cases cited5 opinions
- Marco v. SachsNew York Court of Appeals · 1962
- Rutger Fabrics Corp. v. United States Laminating Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Chin v. Ying Ping FungAppellate Division of the Supreme Court of the State of New York · 1987
- Morhaim v. MorhaimAppellate Division of the Supreme Court of the State of New York · 1981
- Mitchell Gaffy v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- Weiss v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Rosado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Drucker v. Progressive Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Acciarito v. Homedco, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Roberson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
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