Legal Opinion
Vargas v. Flatbush Pest Control, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1991PublishedCited by 7 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 7, 1990, which denied their motion pursuant to CPLR 3404 to restore the action to the trial calendar.
Ordered that the order is affirmed, with one bill of costs.
The plaintiffs’ bare and conclusory affidavit submitted in support of their third motion to restore that action to the trial calendar is clearly insufficient to establish that they have a meritorious cause of action. In particular, there is no support for their claim…
2Cases cited4 opinions
- Ritacco v. Town/Village of HarrisonAppellate Division of the Supreme Court of the State of New York · 1984
- Condro v. JhaveriAppellate Division of the Supreme Court of the State of New York · 1989
- Crystal v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Sandoval v. SodanoAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- Kumar v. Yonkers Contracting Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Aguilar v. DjonvicAppellate Division of the Supreme Court of the State of New York · 2001
- Stewart v. Tapps Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Haber v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Cruickshank v. ParajonAppellate Division of the Supreme Court of the State of New York · 2000
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