Legal Opinion
Bray v. Thor Steel & Welding Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2000PublishedCited by 1 opinion
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion to vacate the dismissal of the action pursuant to CPLR 3404. To prevail on the motion, plaintiff was required to demonstrate a meritorious cause of action, a reasonable excuse for his delay, his lack of intent to abandon the action and the absence of prejudice to defendant and third-party defendant if the action is restored to the trial calendar (see, Tate v Peninsula Hosp. Ctr., 255 AD2d 503, 503-504; Krantz v Scholtz, 201 AD2d 784, 785, lv dismissed 83 NY2d 902; Knight v City of New York,…
2Cases cited8 opinions
- Chery v. AnthonyAppellate Division of the Supreme Court of the State of New York · 1989
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Krantz v. ScholtzAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by1 opinion
- Bornstein v. Clearview Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2009