Avila v. City of New York

Appellate Division of the Supreme Court of New York

Avila v. City of New York

254 A.D.2d 383, 678 N.Y.S.2d 737, 1998 N.Y. App. Div. LEXIS 11095

Appellate Division of the Supreme Court of the State of New York·Decided October 19, 1998·Published·Cited by 1 cases

Opinion

In an action to recover damages for personal injuries, the defendant Raul Ruiz appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated October 1, 1997, which granted the plaintiffs motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

“ ‘A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter and a lack of prejudice to the nonmoving party ” (Rivers v Jamaica Water Supply Co., 250 AD2d 661, quoting Civello v Grossman, 192 AD2d 636). The plaintiff satisfied this standard. Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, the defendant Raul Ruiz appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated October 1, 1997, which granted the plaintiffs motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

“ ‘A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter and a lack of prejudice to the nonmoving party ” (Rivers v Jamaica Water Supply Co., 250 AD2d 661, quoting Civello v Grossman, 192 AD2d 636). The plaintiff satisfied this standard. Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.

Avila v. City of New York, 254 A.D.2d 383, 678 N.Y.S.2d 737, 1998 N.Y. App. Div. LEXIS 11095 (N.Y. Ct. App. 1998).

Pincite

254 A.D.2d 383 (Avila v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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