Marks v. Westinghouse Electric Corp.
Cases that cite this one
1 later published case cites this decision.
- Reed v. Jaspan, Ginsberg, Schlesinger, Silverman & Hoffman (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 personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Garson, J.), dated May 12, 1999, as granted the plaintiffs motion to restore the action to the calendar and to extend his time to file a note of issue, and denied the defendants’ cross motion pursuant to CPLR 3126 to dismiss the complaint.
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, the motion is denied, the cross motion is granted, and the complaint is dismissed.
It is well established that 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.