Legal Opinion
Hasselt v. Allen
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1991PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Anita Florio, J.), entered on July 17, 1990, which denied plaintiffs’ motion to vacate a judgment issued pursuant to CPLR 3404, and to restore the action to the trial calendar, unanimously affirmed, without costs.
Plaintiffs failed to sustain their burden of showing a meritorious cause of action, a reasonable excuse for not restoring the action within one year after it was dismissed pursuant to CPLR 3404, lack of prejudice to the opposing party, and an intent not to abandon the action (Pak Chong Mar v New York Infirmary-Beekan Downtown Hosp., 161 AD2d 373).…
2Cases cited9 opinions
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- West Side Federal Savings & Loan Ass'n v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1984
- Curtin v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1986
- I.J. Handa, P. C. v. ImperatoAppellate Division of the Supreme Court of the State of New York · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Albany Industrial Development Agency v. GargAppellate Division of the Supreme Court of the State of New York · 1998
- Swedish v. BourieAppellate Division of the Supreme Court of the State of New York · 1996
- Frankola v. Mainco Co.Appellate Division of the Supreme Court of the State of New York · 2000