Carballo v. County of Nassau

Appellate Division of the Supreme Court of New York

Carballo v. County of Nassau

284 A.D.2d 360, 725 N.Y.S.2d 888, 2001 N.Y. App. Div. LEXIS 6046

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 2001·Published

Opinion

—In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Nassau County (Joseph, J.), dated July 31, 2000, which granted the plaintiffs motion to vacate an order of the same court dated May 20, 1999, which, sua sponte, dismissed the complaint pursuant to CPLR 3216 upon the plaintiffs failure to file a note of issue.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in granting the plaintiffs motion (see, Matter of Ping Lee v City of New York, 233 AD2d 510, 511). Bracken, P. J., Friedmann, Florio, H. Miller and Townes, JJ., concur.

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—In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Nassau County (Joseph, J.), dated July 31, 2000, which granted the plaintiffs motion to vacate an order of the same court dated May 20, 1999, which, sua sponte, dismissed the complaint pursuant to CPLR 3216 upon the plaintiffs failure to file a note of issue.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in granting the plaintiffs motion (see, Matter of Ping Lee v City of New York, 233 AD2d 510, 511). Bracken, P. J., Friedmann, Florio, H. Miller and Townes, JJ., concur.

Carballo v. County of Nassau, 284 A.D.2d 360, 725 N.Y.S.2d 888, 2001 N.Y. App. Div. LEXIS 6046 (N.Y. Ct. App. 2001).

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284 A.D.2d 360 (Carballo v. County of Nassau) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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