Legal Opinion
County of Nassau v. Chmela
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 2007PublishedCited by 12 opinions
1Opinion of the Court
In a civil forfeiture action, the defendant Donald J. Chmela III appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered December 7, 2006, as denied that branch of his motion which was to dismiss the action as abandoned pursuant to CPLR 3215 (c).
Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, and that branch of the motion of the defendant Donald J. Chmela III which was to dismiss the action as abandoned is granted.
“When a plaintiff fails to…
2Cases cited4 opinions
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- Miceli v. State Farm Mutual Automobile Insurance CompanyNew York Court of Appeals · 2004
- Kay Waterproofing Corp. v. Ray Realty Fulton, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Costello v. ReillyAppellate Division of the Supreme Court of the State of New York · 2007
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- Butindaro v. GrinbergAppellate Division of the Supreme Court of the State of New York · 2008
- 115-41 St. Albans Holding Corp. v. Estate of HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
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