Legal Opinion
Metral v. Bonifacio
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 2003PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard Silver, J.), entered September 25, 2002, which denied plaintiffs’ motion to vacate the Clerk’s dismissal of the case on May 1, 2002 and to restore it to the calendar, unanimously affirmed, without costs.
The law office failure leading to the dismissal was not excusable. The default was part of a pattern of dilatory behavior, as evidenced by plaintiff’s three prior motions to restore, which were granted (see Rudes v Magna Stables Co., 277 AD2d 63 [2000]; Campenni v Ridgecroft Estates Owners, 261 AD2d 496, 497 [1999]; Fink Weinberger v Rosenkrantz, 252…
2Cases cited4 opinions
- Campenni v. Ridgecroft Estates Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Weinberger v. RosenkrantzAppellate Division of the Supreme Court of the State of New York · 1998
- Rudes v. Magna Stables Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Tortorello v. CarlinAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by4 opinions
- Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- ICBC Broadcast Holdings-NY, Inc. v. Prime Time Advertising, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Ward v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Transasia Commodities Inv. Ltd. v. NewLead JMEG, LLCAppellate Division of the Supreme Court of the State of New York · 2019