Legal Opinion

Cazeau v. Paul

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

Decided December 8, 2003PublishedCited by 6 opinions

1Opinion of the Court

*478In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Huttner, J.), dated August 29, 2002, which denied his motion to restore the action to the trial calendar.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is restored to the trial calendar.

A case dismissed pursuant to 22 NYCRR 202.27 may be restored only if the plaintiff can demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Lopez v Imperial Delivery Serv., 282…

2Cases cited1 opinion

  1. Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by6 opinions

  1. M.S. Hi-Tech, Inc. v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2005
  2. US Bank National Ass'n v. ThurmAppellate Division of the Supreme Court of the State of New York · 2016
  3. Feldman v. DelaneyAppellate Division of the Supreme Court of the State of New York · 2012
  4. Kahlke v. BuscemiAppellate Division of the Supreme Court of the State of New York · 2004
  5. Brown v. VanchieriAppellate Division of the Supreme Court of the State of New York · 2009

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