Koutsoupakis v. City of New York
Cases that cite this one
2 later published cases cite this decision.
- Jarrett v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- Pearl v. City of New York (Appellate Division of the Supreme Court of New York 2002)
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, New York County (Joan Madden, J.), entered August 3, 2001, which, inter alia, denied third-party defendant-appellant’s motion to dismiss the complaint as abandoned pursuant to CPLR 3404, unanimously affirmed, without costs.
As a note of issue has yet to be filed, the complaint cannot be dismissed pursuant to CPLR 3404 (Johnson v Minskoff & Sons, 287 AD2d 233, citing Lopez v Imperial Delivery Serv., 282 AD2d 190, lv dismissed 96 NY2d 937; see also, Jiles v New York City Tr. Auth., 290 AD2d 307). We have considered and rejected appellant’s argument that the above authorities erroneously interpret CPLR 3404. Concur — Nardelli, J.P., Tom, Sullivan, Rubin and Friedman, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.