Legal Opinion
Sturgess v. Zelman
New York Supreme Court
Decided February 22, 2007Published
1Opinion of the Court
OPINION OF THE COURT
Geoffrey J. O’Connell, J.
Counsel for the plaintiff seeks an order vacating the dismissal of the action and restoring it to the trial calendar. The defendants oppose.
It is acknowledged by the movant that a certification order was issued by the undersigned on February 10, 2006 which directed that the plaintiff was to file a note of issue within 90 days or the “action is dismissed without further order of the Court. (CPLR § 3216).” This order was acknowledged by counsel appearing on that date on behalf of the plaintiff. (Motion exhibit 1.) It is further conceded that the…
2Cases cited16 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Matott v. WardNew York Court of Appeals · 1979
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
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