Friedman v. Friedman
Cases that cite this one
1 later published case cites this decision.
- Ettehadieh v. Dolan (Appellate Division of the Supreme Court of New York 2001)
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
—In an action to recover damages for
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the action is restored to the trial calendar.
A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving party in the event the case is restored to the trial calendar (see, Peker v Kaplan, 268 AD2d 572; Aguilera v 366 Hewes St. Assocs., 265 AD2d 436; Avila v City of New York, 254 AD2d 383). Contrary to the Supreme Court’s determination, the plaintiff sufficiently demonstrated these elements and is entitled to restoration (see, Ziegler v City of New York, 266 AD2d 536; Clayton-Garcia v Moskin, 256 AD2d 299; Avila v City of New York, supra). Ritter, J. P., Altman, Krausman and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.