Legal Opinion
Yi Pao Lu v. Scaduto
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2003PublishedCited by 3 opinions
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 (Warshawsky, J.), dated April 30, 2002, which denied his motion to restore the action.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff’s contention that a CPLR 3216 notice must always be served by certified or registered mail (see Balando v American Opt. Corp., 66 NY2d 750, 751 [1985]; Beermont Corp. v Yager, 34 AD2d 589 [1970]; cf. Johnson v Minskoff & Sons, 287 AD2d 233, 237 [2001]), the certification conference order of October 29, 1998,…
2Cases cited8 opinions
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Werbin v. LociceroAppellate Division of the Supreme Court of the State of New York · 2001
- Longacre Corp. v. Better Hospital Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Aguilar v. KnutsonAppellate Division of the Supreme Court of the State of New York · 2002
- Balancio v. American Optical Corp.New York Court of Appeals · 1985
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3Cited by3 opinions
- Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Michaels v. Sunrise Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Rijo v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 2003