Williams v. Bergen Beach Stable, Inc.
Cases that cite this one
1 later published case cites this decision.
- Small v. New York City Health & Hospitals Corp. (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
—In an action to recover damages for personal injuries, the defendant Bergen Beach Stable, Inc., appeals from an order of the Supreme Court, Kings County (Barron, J.), dated January 17, 2002, which granted the plaintiffs motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
Contrary to the defendant’s contention on appeal, the plaintiff was entitled to the automatic restoration of the action to the trial calendar upon her timely motion (see Acheson v Shepard, 297 AD2d 271; cf. Bayon v Nardella, 296 AD2d 364, 365; Basetti v Nour, 287 AD2d 126, 134-135). Even assuming the motion to restore had been made more than one year after the case was marked off the trial calendar, the plaintiff demonstrated a meritorious cause of action, reasonable excuse, lack of an intent to abandon, and absence of prejudice to the defendants (see CPLR 3404; Basetti v Nour, supra at 131). Florio, J.P., O’Brien, Friedmann, Adams and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.