Legal Opinion
Miller v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 25, 1997PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lonschein, J.), dated June 24, 1996, which denied their motion to vacate the dismissal of their action pursuant to CPLR 3404.
Ordered that the order is affirmed, with costs.
The court did not improvidently exercise its discretion in denying the plaintiffs’ motion to vacate the dismissal of the instant medical malpractice action pursuant to CPLR 3404. It is well settled that in order to restore a case which has been marked off the calendar, the plaintiff must…
2Cases cited6 opinions
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Nepomniaschi v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1992
- Friedberg v. Bay Ridge Orthopedic AssociatesAppellate Division of the Supreme Court of the State of New York · 1986
- Wulster v. RubinsteinAppellate Division of the Supreme Court of the State of New York · 1987
- Hatcher v. CassanovaAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by5 opinions
- Williams v. D'AngeloAppellate Division of the Supreme Court of the State of New York · 2005
- Yousian v. New York Medical Center Hospital of QueensAppellate Division of the Supreme Court of the State of New York · 2000
- Rivers v. Jamaica Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Bakmezian v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 2001
- Berry v. WhitelyAppellate Division of the Supreme Court of the State of New York · 1999