Agli v. O'Connor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A case in the Supreme Court marked off or struck from the trial calendar and not restored within one year thereafter shall be deemed abandoned and shall be dismissed for neglect to prosecute (see CPLR 3404). Here, it is undisputed that the case was marked off the trial calendar and not restored within one year thereafter (id.). A plaintiff seeking to restore a case to the trial calendar more than one year after it has been marked off must demonstrate the existence of a potentially meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to…
2Cases cited11 opinions
- Okun v. TannersNew York Court of Appeals · 2008
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- McCarthy v. BagnerAppellate Division of the Supreme Court of the State of New York · 2000
- Mooney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Kalyuskin v. RudiselAppellate Division of the Supreme Court of the State of New York · 2003
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