Legal Opinion
Georgetown Mews Owners Corp. v. Campus Associates
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2001PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for breach of contract and professional malpractice, the defendant Shanholt, Marinoff, Fleiss & Co., appeals from an order of the Supreme Court, Queens County (Milano, J.), entered April 14, 2000, which denied its motion to dismiss the action pursuant to CPLR 3404 for neglect to prosecute.
Ordered that the order is affirmed, with costs.
Since there is no evidence that a note of issue placing the action on the court’s trial calendar was filed (see, CPLR 3402), the court properly denied the appellant’s motion to dismiss the action pursuant to CPLR 3404 (see, Lopez…
2Cases cited3 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Davila v. GalarzaAppellate Division of the Supreme Court of the State of New York · 1995
- P. Cubed Enterprises, Inc. v. RoachAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Murray v. T.W. Smith Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Cioffi v. KennedyAppellate Division of the Supreme Court of the State of New York · 2001
- London v. Iceland Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- David v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Millien v. Millar Elevator Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2004