Madfis v. E.J. Audi, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered March 31, 2000, which, inter alia, denied plaintiffs *323motion to vacate the automatic dismissal of the action pursuant to CPLR 3404 and to restore the action to the calendar, unanimously affirmed, without costs.
Plaintiff fails to show a meritorious cause of action warranting vacatur of the CPLR 3404 dismissal and restoration of the action to the calendar (see, Campbell v Crystal Realty Assocs. Ltd. Partnership, 276 AD2d 328). Plaintiff alleges that she sustained a fractured nose when she was hit by a falling bed canopy as she…
2Cases cited1 opinion
- Campbell v. Crystal Realty Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2000