Legal Opinion
Abate v. Long
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Beverly Cohen, J.), entered January 5, 1998, which *253denied plaintiffs’ motion to vacate the court’s order of dismissal dated September 23, 1997, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs, the motion to vacate granted and the complaint reinstated.
Given our preference for disposition of cases on the merits (see, Santora & McKay v Mazzella, 211 AD2d 460, 463; DFI Communications v Golden Penn Theatre Ticket Serv., 87 AD2d 778, 779), we find that the motion court improvidently exercised its discretion in…
2Cases cited4 opinions
- Glass v. Janbach Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- DFI Communications, Inc. v. Golden Penn Theatre Ticket ServiceAppellate Division of the Supreme Court of the State of New York · 1982
- Santora & McKay v. MazzellaAppellate Division of the Supreme Court of the State of New York · 1995
- Zatorski v. KleinAppellate Division of the Supreme Court of the State of New York · 1960
3Cited by5 opinions
- Assignment v. Medasorb Technologies, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Fromartz v. BodnerAppellate Division of the Supreme Court of the State of New York · 1999
- Barton v. Executive Health ExaminersAppellate Division of the Supreme Court of the State of New York · 2000
- McCluskey v. FerriterAppellate Division of the Supreme Court of the State of New York · 2002
- Hassin v. BrodliebAppellate Terms of the Supreme Court of New York · 2020