Legal Opinion
Warner v. Kudler
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 1984PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for dental malpractice, defendant appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated August 5,1983, which granted plaintiff’s motion to restore the case to the Trial Calendar. 11 Order reversed, on the law, without costs or disbursements, and plaintiff’s motion denied, without prejudice to renewal upon proper papers. 11 It has been held that plaintiffs have the burden, in attempting to restore a case the the Trial Calendar, to establish merit, lack of prejudice to defendants and a reasonable excuse (see Spodek v Lasser Stables, 89…
2Cases cited9 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Spodek v. StablesAppellate Division of the Supreme Court of the State of New York · 1982
- Keating v. SmithAppellate Division of the Supreme Court of the State of New York · 1963
- Ferrigno v. St. Charles HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Horn v. Schenck Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1978
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3Cited by3 opinions
- Hammer v. HochbergAppellate Division of the Supreme Court of the State of New York · 1987
- Berkowitz v. SholtzowAppellate Division of the Supreme Court of the State of New York · 1986
- Majestic Investors, Ltd. v. LopezAppellate Division of the Supreme Court of the State of New York · 1985