Legal Opinion
Samuel & Weininger v. Belovin & Franzblau
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2004PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated March 24, 2003, which denied its motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
“A party seeking to restore a case to the trial calendar more than one year after it has been marked off, and after it has been dismissed pursuant to CPLR 3404, must establish a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the…
2Cases cited9 opinions
- Lai Ling Cheng v. Modansky Leasing Co.New York Court of Appeals · 1989
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Slavenburg Corp. v. Opus Apparel, Inc.New York Court of Appeals · 1981
- Kalyuskin v. RudiselAppellate Division of the Supreme Court of the State of New York · 2003
- Board of Managers of Ocean Terrace Towne House Condominium v. LentAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by2 opinions
- Castillo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Finger v. SaalAppellate Division of the Supreme Court of the State of New York · 2008