Rosser v. Scacalossi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It was not an improvident exercise of discretion for the Supreme Court to deny the plaintiff’s motion to vacate the dismissal of this action pursuant to CPLR 3404. "It is well settled that once an action has been dismissed under CPLR 3404, a motion to open the default and restore the case to the calendar * * * require[s] proof of merit * * * lack of prejudice to the opposing party and * * * excusable neglect” (Fluman v TSS Dept. Stores, 100 AD2d 838; see also, Paglia v Agrawal, 124 AD2d 793, 794, lv dismissed 69 NY2d 946).
This action, which is based upon a February 15, 1978, automobile…
2Cases cited8 opinions
- Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Fluman v. TSS Department StoresAppellate Division of the Supreme Court of the State of New York · 1984
- Curtin v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1986
- 3 Park Avenue Co. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1985
- Romanoff v. St. Vincent's Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mucciola v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Hillegass v. DuffyAppellate Division of the Supreme Court of the State of New York · 1989
- Hatcher v. CassanovaAppellate Division of the Supreme Court of the State of New York · 1992
- Tate v. Peninsula Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Moye v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
8 more not listed; retrieve them via the Exa API.