Nepomniaschi v. Goldstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the defendant Allen J. Goldstein appeals from an order of the Supreme Court, Queens County (Nahman, J.), dated June 28, 1990, which granted the plaintiffs’ motion to restore the action, which had been dismissed pursuant to CPLR 3404, to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
Under CPLR 3404, a case stricken from the trial calendar and not restored within a year thereafter is deemed abandoned and automatically dismissed for neglect to prosecute. The instant case was…
2Cases cited7 opinions
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- Wulster v. RubinsteinAppellate Division of the Supreme Court of the State of New York · 1987
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