Appellate Division of the Supreme Court of New York, 2002

Pearl v. City of New York

Appellate Division of the Supreme Court of New York · Decided April 25, 2002

293 A.D.2d 406; 740 N.Y.S.2d 624; 2002 N.Y. App. Div. LEXIS 4172

Cases that cite this one

1 later published case cites this decision.

Jarrett v. City of New York (Appellate Division of the Supreme Court of New York 2003)

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 (Eileen Bransten, J.), entered January 29, 2001, which granted defendants’ motions pursuant to CPLR 3404 to dismiss the action as abandoned, unanimously reversed, on the law, without costs, the motions denied, the complaint reinstated and the matter remanded for further proceedings.

As conceded by defendant, the complaint cannot be dismissed pursuant to CPLR 3404 since, as established by case law rendered after entry of the order on appeal, the note of issue had not yet been filed (see, Koutsoupakis v City of New York, 292 AD2d 191; citing, inter alia, Johnson v Minskoff & Sons, 287 AD2d 233). Concur—Nardelli, J.P., Buckley, Rosenberger, Ellerin and Rubin, JJ.

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