Mucciola v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated February 15, 1990, which denied her motion which was denominated as one pursuant to CPLR 5015 (a) (1), but which, in actuality, was for leave to reargue a prior motion to restore the action to the trial calendar.
Ordered that the appeal is dismissed, with costs.
On March 25, 1988, the instant action was marked off the trial calendar. One year later, the action was automatically dismissed pursuant to CPLR 3404 (see, e.g., Rosser v Scacalossi, 140 AD2d…
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- Wodecki v. CartyAppellate Division of the Supreme Court of the State of New York · 1990
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