Home/Appellate Division of the Supreme Court of New York/Langone v. Ben's Auto Parts, Inc.

Langone v. Ben's Auto Parts, Inc.

222 A.D.2d 656, 636 N.Y.S.2d 651, 1995 N.Y. App. Div. LEXIS 13896
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 29, 1995
StatusPublished

This text of 222 A.D.2d 656 (Langone v. Ben's Auto Parts, Inc.) 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
Langone v. Ben's Auto Parts, Inc., 222 A.D.2d 656, 636 N.Y.S.2d 651, 1995 N.Y. App. Div. LEXIS 13896 (N.Y. Ct. App. 1995).

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated February 22, 1994, which denied her motion to restore the matter to the court’s calendar.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff failed to demonstrate a reasonable excuse for her lengthy delay in seeking to restore her action to the Supreme Court’s calendar after it had been marked off that calendar. Under these circumstances, the Supreme Court did not improvidently exercise its discretion by denying the plaintiff’s motion (see, CPLR 3404; see also, Roland v Napolitano, 209 AD2d 501; Robinson v New York City Tr. Auth., 203 AD2d 351; Whitney v Stewart, 175 AD2d 674; Monahan v Fiore, 71 AD2d 914; Lee v City School Dist., 57 AD2d 566). Sullivan, J. P., Balletta, Miller and O’Brien, JJ., concur.

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Related

Lee v. City School District
57 A.D.2d 566 (Appellate Division of the Supreme Court of New York, 1977)
Monahan v. Fiore
71 A.D.2d 914 (Appellate Division of the Supreme Court of New York, 1979)
Whitney v. Stewart
175 A.D.2d 674 (Appellate Division of the Supreme Court of New York, 1991)
Robinson v. New York City Transit Authority
203 A.D.2d 351 (Appellate Division of the Supreme Court of New York, 1994)
Roland v. Napolitano
209 A.D.2d 501 (Appellate Division of the Supreme Court of New York, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
222 A.D.2d 656, 636 N.Y.S.2d 651, 1995 N.Y. App. Div. LEXIS 13896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langone-v-bens-auto-parts-inc-nyappdiv-1995.