Appellate Division of the Supreme Court of New York, 1976

Kelly-Masp Piledriving Corp. v. Vita Food Products, Inc.

Appellate Division of the Supreme Court of New York · Decided April 20, 1976

52 A.D.2d 559; 382 N.Y.S.2d 321; 1976 N.Y. App. Div. LEXIS 12121

Cases that cite this one

1 later published case cites this decision.

Stavrou v. Abravos-Vernadakis (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, Bronx County, entered on October 10, 1975, granting plaintiff’s motion to vacate the dismissal of this action which had resulted from the application of CPLR 3404, unanimously affirmed, without costs and without disbursements. The various procedural steps taken by the parties hereto, subsequent to the time that this matter was marked off the calendar, clearly support plaintiff’s view, as adopted by the court below, that it never intended to abandon this action. Concur—Markewich, J. P., Murphy, Lupiano, Birns and Capozzoli, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.