Legal Opinion
Magnone v. Gemm Custom Brokers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 2005PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated March 11, 2004, which granted the plaintiffs motion to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.
A case struck from the calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be restored to the trial calendar provided that the plaintiff…
2Cases cited5 opinions
- Adamson v. EvansAppellate Division of the Supreme Court of the State of New York · 2001
- Sheridan v. Mid-Island Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Phifer v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Surace v. KerstenAppellate Division of the Supreme Court of the State of New York · 2000
- Cobos v. PhiefferAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- Krichmar v. Queens Medical ImagingAppellate Division of the Supreme Court of the State of New York · 2006
- DeMarquez v. GalloAppellate Division of the Supreme Court of the State of New York · 2012
- Williams v. D'AngeloAppellate Division of the Supreme Court of the State of New York · 2005
- Nasuro v. PI Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Gajek v. Hampton Bays Volunteer Ambulance Corps.Appellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.