Legal Opinion
Barrett v. Littles
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action for a judgment declaring, inter alia, that the plaintiff is the sole owner of two parcels of real property, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated January 26, 1998, which denied his motion, inter alia, pursuant to CPLR 3216 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute (see, Baczkowski v Collins Constr. Co., 89 NY2d 499, 504). The plaintiff had a…
2Cases cited2 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 2008
- Christie v. Mineola Ophthalmology Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Cerminara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Connestro v. American Hockey Centers, Ltd.Appellate Division of the Supreme Court of the State of New York · 1999