Legal Opinion
Baumgartner v. Foodarama Supermarkets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 1982PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for false imprisonment, defendant Foodarama Supermarkets, Inc., appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), entered July 31, 1981, which granted plaintiffs’ motion to restore the action to the Trial Calendar. Order reversed, without costs or disbursements, and motion denied with leave to plaintiffs to renew their motion upon proper papers, should they be so advised. A motion to restore an action to the calendar must be supported by affidavits showing an excuse for the delay in prosecution and demonstrating the merits of the action…
2Cases cited6 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Monahan v. FioreAppellate Division of the Supreme Court of the State of New York · 1979
- Williams v. GiattiniAppellate Division of the Supreme Court of the State of New York · 1975
- Hummeil v. BelanichAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by4 opinions
- Fluman v. TSS Department StoresAppellate Division of the Supreme Court of the State of New York · 1984
- Pirnak v. SavinoAppellate Division of the Supreme Court of the State of New York · 1983
- Parillo v. BlattAppellate Division of the Supreme Court of the State of New York · 1990
- Kramme v. BrettlerAppellate Division of the Supreme Court of the State of New York · 1991