Metral v. Bonifacio
Cases that cite this one
4 later published cases cite this decision.
- Ward v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2011)
- Transasia Commodities Inv. Ltd. v. NewLead JMEG, LLC (Appellate Division of the Supreme Court of New York 2019)
- Perez v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2008)
- ICBC Broadcast Holdings-NY, Inc. v. Prime Time Advertising, Inc. (Appellate Division of the Supreme Court of New York 2006)
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, Bronx County (Howard Silver, J.), entered September 25, 2002, which denied plaintiffs’ motion to vacate the Clerk’s dismissal of the case on May 1, 2002 and to restore it to the calendar, unanimously affirmed, without costs.
The law office failure leading to the dismissal was not excusable. The default was part of a pattern of dilatory behavior, as evidenced by plaintiff’s three prior motions to restore, which were granted (see Rudes v Magna Stables Co., 277 AD2d 63 [2000]; Campenni v Ridgecroft Estates Owners, 261 AD2d 496, 497 [1999]; Fink Weinberger v Rosenkrantz, 252 AD2d 368 [1998]). Twelve years having transpired since the accident and discovery not having been commenced, defendants would be severely prejudiced by restoration (see Tortorello v Carlin, 286 AD2d 628 [2001]).
We have considered plaintiffs’ remaining arguments and find them unavailing. Concur — Andrias, J.P., Saxe, Williams, Marlow and Gonzalez, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.