Legal Opinion

Monahan v. Fiore

Appellate Division of the Supreme Court of the State of New York

Decided August 20, 1979PublishedCited by 20 opinions

1Opinion of the Court

—In a negligence action to recover damages for personal injuries, etc., which was dismissed pursuant to CPLR 3404, defendant Fiore appeals from an order of the Supreme Court, Queens County, dated December 6, 1978, which granted plaintiffs! motion to vacate the dismissal of the action and restore the action to the Trial Calendar. (By order dated May 14, 1979 the appeal of codefendants Klosowski was dismissed by this court.) Order reversed, on the law, without costs or disbursements, and motion denied. In our opinion, plaintiffs failed to make the requisite showing of facts sufficient to excuse…

2Cases cited7 opinions

  1. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  2. Andreano v. TestaAppellate Division of the Supreme Court of the State of New York · 1978
  3. Renne v. RovenAppellate Division of the Supreme Court of the State of New York · 1968
  4. Lifset v. EhrlichAppellate Division of the Supreme Court of the State of New York · 1978
  5. Tactuk v. FreibergAppellate Division of the Supreme Court of the State of New York · 1965

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3Cited by20 opinions

  1. Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
  2. Balducci v. JasonAppellate Division of the Supreme Court of the State of New York · 1987
  3. Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  4. Monacelli v. Board of Education of City School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
  5. Shea v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980

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