Agins v. Darmstadter

Appellate Division of the Supreme Court of New York

Agins v. Darmstadter

278 A.D.2d 438, 718 N.Y.S.2d 641, 2000 N.Y. App. Div. LEXIS 13840

Appellate Division of the Supreme Court of the State of New York·Decided December 26, 2000·Published

Opinion

In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lockman, J.), entered October 14, 1999, [439]*439which denied her motion to extend the time to file a note of issue.

Ordered that the order is affirmed, with costs.

Under the circumstances, where the action was previously dismissed, in effect, as abandoned, the Supreme Court properly denied the plaintiff’s motion. O’Brien, J. P., Krausman, Gold-stein and Schmidt, JJ., concur.

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In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lockman, J.), entered October 14, 1999, [439]*439which denied her motion to extend the time to file a note of issue.

Ordered that the order is affirmed, with costs.

Under the circumstances, where the action was previously dismissed, in effect, as abandoned, the Supreme Court properly denied the plaintiff’s motion. O’Brien, J. P., Krausman, Gold-stein and Schmidt, JJ., concur.

Agins v. Darmstadter, 278 A.D.2d 438, 718 N.Y.S.2d 641, 2000 N.Y. App. Div. LEXIS 13840 (N.Y. Ct. App. 2000).

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