Legal Opinion
Chavoustie v. Village of Newark
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1976PublishedCited by 6 opinions
1Opinion of the Court
Order affirmed, without costs. Memorandum: This case having been stricken from the general docket pursuant to CPLR 3404, a motion to restore it to the Trial Calendar is not in order. Only by a motion to vacate the default with the showing required on such a motion (see McIntire Assoc. v Glens Falls Ins. Co., 41 AD2d 692) may the court consider the application. We do not reach the merits. All concur except Dillon, J. who dissents and votes to reverse the order and grant the motion in the following memorandum: This 10-year-old case should be restored to the Trial Calendar and concluded. The…
2Cases cited5 opinions
- Marco v. SachsNew York Court of Appeals · 1962
- McIntire Associates, Inc. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1973
- Galante v. Solon Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Briskman v. KushnerAppellate Division of the Supreme Court of the State of New York · 1970
- Paiement v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by6 opinions
- Le Frois Foods Corp. v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Colucci v. Slippery Slats & All That, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Til v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1976
- Farmer v. L. B. Smith, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Honeoye Falls-Lima Central School District v. Leo J. Roth Corp.Appellate Division of the Supreme Court of the State of New York · 1976
1 more not listed; retrieve them via the Exa API.