Legal Opinion
David v. Interfaith Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 2002Published
1Opinion of the Court
—In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated May 25, 2001, which denied her motion to restore the action.
Ordered that the order is reversed, on the law, with costs, the motion to restore is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
It is now well established that CPLR 3404 should be reserved strictly for cases that have reached the trial calendar (see Lopez v Imperial Delivery Serv., 282 AD2d 190, 199). Since the…
2Cases cited5 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Georgetown Mews Owners Corp. v. Campus AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
- Zanani v. SavadAppellate Division of the Supreme Court of the State of New York · 2001
- Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 2001
- Murray v. T.W. Smith CorporationAppellate Division of the Supreme Court of the State of New York · 2001