Legal Opinion

Rubin v. Baglio

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1996PublishedCited by 19 opinions

1Opinion of the Court

—In a negligence action to recover damages for personal injuries, etc., the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated April 22, 1996, as denied her motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

In June 1993 the plaintiffs’ counsel signed a stipulation indicating that discovery was complete and that the case was ready for trial. However,…

2Cases cited3 opinions

  1. Kirkland v. Community Hospital of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. M.P.S. Marketing Services, Inc. v. Champion International Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Shu Chaing Chan v. FendtAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by19 opinions

  1. Burke v. KleinAppellate Division of the Supreme Court of the State of New York · 2000
  2. Hayden v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
  3. Allone v. University Hospital of New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
  4. Katina, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
  5. Brady v. Benenson Capital Co.Appellate Division of the Supreme Court of the State of New York · 2003

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