Legal Opinion

Goldberger v. Goldberger

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

Decided May 9, 2005PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Ruditzky, J.), dated July 16, 2004, which granted those branches of the plaintiffs motion which were, in effect, to vacate the dismissal of the action and extend the time to file a note of issue.

Ordered that the order is affirmed, with costs.

The Supreme Court erred in determining that a compliance conference order dated December 2, 2003, did not constitute a valid 90-day demand under CPLR 3216. The compliance conference order, signed by both parties, directed the…

2Cases cited7 opinions

  1. Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Werbin v. LociceroAppellate Division of the Supreme Court of the State of New York · 2001
  3. Vinikour v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  4. Betty v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  5. Wechsler v. First Unum Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by2 opinions

  1. Rezene v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
  2. Parkin v. EdererAppellate Division of the Supreme Court of the State of New York · 2006

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