Legal Opinion
Collins v. Elbadawi
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted, order vacated and action restored to trial calendar. Memorandum: Supreme Court improvidently exercised its discretion in denying plaintiffs’ motion to vacate the order dismissing this action pursuant to CPLR 3404 and restore this action to the trial calendar. The case was marked off the *851calendar on May 6, 1996 by consent of the parties. On May 23, 1997, plaintiffs’ attorney received notice that the case was deemed abandoned and dismissed pursuant to CPLR 3404 because no one had moved to restore it within one year. CPLR 3404…
2Cases cited9 opinions
- Marco v. SachsNew York Court of Appeals · 1962
- Chery v. AnthonyAppellate Division of the Supreme Court of the State of New York · 1989
- Civello v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1993
- Hewitt v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991
- Weiss v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by3 opinions
- LOUCKS, CAROLYN v. KLIMEK, JR., M.D., WALDEMARAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Arbitration between Giangualano & BirnbaumAppellate Division of the Supreme Court of the State of New York · 2012
- GIANGAULANO, NICHOLAS, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012