Legal Opinion
Cato v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 11, 2010PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered November 21, 2008, which denied plaintiffs motion to vacate dismissal of the action and restore the matter to the calendar, unanimously affirmed, without costs.
Whether the action was dismissed for want of prosecution (CPLR 3216) as indicated in the computerized court records, of which we take judicial notice (see Perez v New York City Hous. Auth., 47 AD3d 505 [2008]), or for failure to appear (22 NYCRR 202.27), plaintiff, in seeking to vacate the dismissal, was required to demonstrate both a satisfactory excuse for his…
2Cases cited5 opinions
- Vinikour v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Campos v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Krantz v. ScholtzAppellate Division of the Supreme Court of the State of New York · 1994
- Saunders v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by3 opinions
- Miller v. MaceAppellate Division of the Supreme Court of the State of New York · 2010
- Travelers Property Casualty Co. of America v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 2015
- Kaplan v. KhannaNew York Supreme Court · 2015