Tate v. Peninsula Hospital Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (LaTorella, J.), dated December 24, 1997, which denied her motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
This case was marked off the trial calendar in March 1996 to complete discovery and was automatically dismissed as abandoned a year later, pursuant to CPLR 3404 (see, Rosser v Scacalossi, 140 AD2d 318). In September 1997, the plaintiff moved to restore the action to the trial calendar. The Supreme Court denied…
2Cases cited8 opinions
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