Appellate Division of the Supreme Court of New York, 2002

Freitas v. New York City Transit Authority

Appellate Division of the Supreme Court of New York · Decided August 29, 2002

297 A.D.2d 270; 746 N.Y.2d 844

Cases that cite this one

5 later published cases cite this decision.

Berde v. North Shore-Long Island Jewish Health System, Inc. (Appellate Division of the Supreme Court of New York 2012)
Berde v. North Shore-Long Island Jewish Health System, Inc. (Appellate Division of the Supreme Court of New York 2012)
State Farm Mutual Automobile Insurance v. King (Appellate Division of the Supreme Court of New York 2003)
Estate of Milstein v. Milstein (Appellate Division of the Supreme Court of New York 2002)
Capital v. Damon Realty Corp. (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

*271By apparently rejecting on the merits the argument that plaintiffs raised for the first time on the motion to reargue, i.e., that the July 1996 note of issue remained in effect, the court, in effect, granted reargument (see, Keh Soo Park v J.G. White Eng’g Corp., 99 AD2d 719, 720), and the order is appealable.

Since the case was not marked “off” or unanswered at a calendar clerk’s call, but was marked “disposed,” apparently as a result of a clerk’s error, plaintiffs’ motion to restore the action to the calendar was improperly denied and defendant’s cross motion to dismiss it ás abandoned within the meaning of CPLR 3404 was improperly granted (see, City of New York v Sutphin Trust, 257 AD2d 526). Concur — Tom, J.P., Buckley, Ellerin, Wallach and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.