Maisonette v. New York City Housing Authority

70 A.D.3d 415, 892 N.Y.S.2d 763

This text of 70 A.D.3d 415 (Maisonette v. New York City Housing Authority) 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
Maisonette v. New York City Housing Authority, 70 A.D.3d 415, 892 N.Y.S.2d 763 (N.Y. Ct. App. 2010).

Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), [416]*416entered April 20, 2004, which denied plaintiffs motion to restore the action to the trial calendar, unanimously affirmed, without costs.

Apart from the preclusive effect of the never-vacated prior order denying a prior motion to restore by plaintiff when neither side appeared to argue the motion (CPLR 5015), plaintiff fails to explain his utter lack of diligence in prosecuting the action or show a meritorious cause of action beyond the conclusory allegations in his notice of claim (CPLR 3404; see Muriel v St. Barnabas Hosp., 3 AD3d 419, 420 [2004]). Concur—Catterson, J.P., Acosta, DeGrasse and Abdus-Salaam, JJ.

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Related

Muriel v. St. Barnabas Hospital
3 A.D.3d 419 (Appellate Division of the Supreme Court of New York, 2004)

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Bluebook (online)
70 A.D.3d 415, 892 N.Y.S.2d 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maisonette-v-new-york-city-housing-authority-nyappdiv-2010.