City of New York v. Sutphin Trust

Appellate Division of the Supreme Court of New York

City of New York v. Sutphin Trust

257 A.D.2d 526, 682 N.Y.S.2d 591, 1999 N.Y. App. Div. LEXIS 670

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 1999

StatusPublished

Cited by2 cases

This text of 257 A.D.2d 526 (City of New York v. Sutphin Trust) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of New York v. Sutphin Trust, 257 A.D.2d 526, 682 N.Y.S.2d 591, 1999 N.Y. App. Div. LEXIS 670 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 11, 1998, which, inter alia, denied that portion of defendants’ motion to dismiss the action pursuant to CPLR 3404, unanimously affirmed, without costs.

Since the clerk’s call in the instant action was not of the type contemplated by CPLR 3404, and since the action was not marked off the court calendar, no presumption of abandonment arose pursuant to CPLR 3404, and, accordingly, the motion to dismiss the action as abandoned within the meaning of that statute was properly denied (see, Smith v Sheen, 216 AD2d 147; Banca Di Roma v Tripodi Eyewear Intl., 219 AD2d 536; see also, Siegel, NY Prac § 376, at 561 [2d ed]). Concur— Rosenberger, J. P., Ellerin, Tom and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 11, 1998, which, inter alia, denied that portion of defendants’ motion to dismiss the action pursuant to CPLR 3404, unanimously affirmed, without costs.

Since the clerk’s call in the instant action was not of the type contemplated by CPLR 3404, and since the action was not marked off the court calendar, no presumption of abandonment arose pursuant to CPLR 3404, and, accordingly, the motion to dismiss the action as abandoned within the meaning of that statute was properly denied (see, Smith v Sheen, 216 AD2d 147; Banca Di Roma v Tripodi Eyewear Intl., 219 AD2d 536; see also, Siegel, NY Prac § 376, at 561 [2d ed]). Concur— Rosenberger, J. P., Ellerin, Tom and Mazzarelli, JJ.

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Bluebook (online)

257 A.D.2d 526, 682 N.Y.S.2d 591, 1999 N.Y. App. Div. LEXIS 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-sutphin-trust-nyappdiv-1999.

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