Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the defen*611dants appeal from an order of the Supreme Court, Nassau County (McGinity, J.), dated May 2, 1985, which granted the plaintiffs’ motion to vacate an automatic dismissal entered pursuant to CPLR 3404, restored the matter to the Trial Calendar, and ordered all discovery completed within 45 days.
Order reversed, as a matter of discretion, with costs, and motion denied.
Restoration of a case to the Trial Calendar subsequent to an automatic dismissal pursuant to CPLR 3404 is a proper exercise of the court’s discretion if the movant…
2Cases cited6 opinions
- Marco v. SachsNew York Court of Appeals · 1962
- Fluman v. TSS Department StoresAppellate Division of the Supreme Court of the State of New York · 1984
- Zaldua v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1983
- Monacelli v. Board of Education of City School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- O'Dell v. StornelliAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Nepomniaschi v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1992
- Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Carter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Tucker v. Hotel Employees & Restaurant Employees UnionAppellate Division of the Supreme Court of the State of New York · 1987
- Todd Co. v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1992
22 more not listed; retrieve them via the Exa API.