Fronk v. Kam Yeung

Appellate Division of the Supreme Court of New York

Fronk v. Kam Yeung

286 A.D.2d 972, 730 N.Y.S.2d 766, 2001 N.Y. App. Div. LEXIS 9087

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

DecidedSeptember 28, 2001

StatusPublished

This text of 286 A.D.2d 972 (Fronk v. Kam Yeung) 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.

Bluebook

Fronk v. Kam Yeung, 286 A.D.2d 972, 730 N.Y.S.2d 766, 2001 N.Y. App. Div. LEXIS 9087 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion to dismiss this action as abandoned pursuant to CPLR 3404. As the court properly determined, the record contains no clear indication that the case had ever been “marked ‘off or struck from the calendar or unanswered on a clerk’s calendar call” (CPLR 3404; see, Auerbach v Kaufman, 173 AD2d 229, 230; Trustees of Freeholders & Commonalty of Town of Southampton v Heilner, 143 AD2d 134, 135). (Appeal from Order of Supreme Court, Genesee County, Fahey, J. — Dismiss Action.) Present — Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion to dismiss this action as abandoned pursuant to CPLR 3404. As the court properly determined, the record contains no clear indication that the case had ever been “marked ‘off or struck from the calendar or unanswered on a clerk’s calendar call” (CPLR 3404; see, Auerbach v Kaufman, 173 AD2d 229, 230; Trustees of Freeholders & Commonalty of Town of Southampton v Heilner, 143 AD2d 134, 135). (Appeal from Order of Supreme Court, Genesee County, Fahey, J. — Dismiss Action.) Present — Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

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Bluebook (online)

286 A.D.2d 972, 730 N.Y.S.2d 766, 2001 N.Y. App. Div. LEXIS 9087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fronk-v-kam-yeung-nyappdiv-2001.

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