Curtin v. Grand Union Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In July 1980, plaintiff was injured when a blouse she was wearing, allegedly sold by defendant, ignited, causing severe burns. This action was commenced in December 1981 and a note of issue was filed approximately two years later. The case was struck from the Trial Calendar by consent of the parties on October 1, 1984 and was marked as abandoned on October 15, 1985. Finding that the automatic dismissal provisions of CPLR 3404 are not controlling where a case is removed from the calendar with the consent of the Justice presiding, Special Term granted plaintiff’s motion to vacate the dismissal.…
2Cases cited7 opinions
- Merrill v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1984
- 3 Park Avenue Co. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1985
- Ruffin v. Lion Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Kolbasiuk v. Printers Bindary, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Marine Midland Bank-Eastern National Ass'n v. Safari Animal Country, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Malpass v. Mavis Tire Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Rosser v. ScacalossiAppellate Division of the Supreme Court of the State of New York · 1988
- Hatcher v. CassanovaAppellate Division of the Supreme Court of the State of New York · 1992
- Rosado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Felder v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
11 more not listed; retrieve them via the Exa API.