Legal Opinion
Clark v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2005PublishedCited by 20 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered October 26, 2004, which denied his motion to restore the action and, in effect, to vacate any purportedly automatic dismissal of the action pursuant to CPLR 3404.
Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the matter is remitted to the Supreme Court for further proceedings, including the completion of discovery.
*511Since no note of issue was ever filed in this action, it was never on the…
2Cases cited5 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Latture v. SmithAppellate Division of the Supreme Court of the State of New York · 2003
- Brothers v. Bunkoff General ContractorsAppellate Division of the Supreme Court of the State of New York · 2002
- Keith v. SchulmanAppellate Division of the Supreme Court of the State of New York · 1999
- Torres v. Nu-Way Machinery Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by20 opinions
- Mitskevitch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Banik v. Evy RealtyAppellate Division of the Supreme Court of the State of New York · 2011
- Sunshine v. BergerAppellate Division of the Supreme Court of the State of New York · 2023
- Sullivan v. NigroAppellate Division of the Supreme Court of the State of New York · 2008
- Tolmasova v. UmarovaAppellate Division of the Supreme Court of the State of New York · 2011
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