Legal Opinion

Langone v. Ben's Auto Parts, Inc.

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

Decided December 29, 1995Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated February 22, 1994, which denied her motion to restore the matter to the court’s calendar.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff failed to demonstrate a reasonable excuse for her lengthy delay in seeking to restore her action to the Supreme Court’s calendar after it had been marked off that calendar. Under these circumstances, the Supreme Court did…

2Cases cited5 opinions

  1. Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  2. Monahan v. FioreAppellate Division of the Supreme Court of the State of New York · 1979
  3. Roland v. NapolitanoAppellate Division of the Supreme Court of the State of New York · 1994
  4. Whitney v. StewartAppellate Division of the Supreme Court of the State of New York · 1991
  5. Lee v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 1977

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