Mandel v. Johnson

Appellate Division of the Supreme Court of New York

Mandel v. Johnson

285 A.D.2d 630, 728 N.Y.S.2d 669, 2001 N.Y. App. Div. LEXIS 7682

Appellate Division of the Supreme Court of the State of New York·Decided July 30, 2001·Published·Cited by 1 cases

Opinion

—In an action, inter alia, to re[631] cover damages for assault, the plaintiff appeals from an order of the Supreme Court, Nassau County (De Maro, J.), entered March 22, 2000, which denied his motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs motion to restore the action to the trial calendar, since he failed to demonstrate a reasonable excuse for his delay (see, CPLR 3404; Furniture Vil. v Schoenberger, 283 AD2d 607; Lopez v Imperial Delivery Serv., 282 AD2d 190). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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—In an action, inter alia, to re[631] cover damages for assault, the plaintiff appeals from an order of the Supreme Court, Nassau County (De Maro, J.), entered March 22, 2000, which denied his motion to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs motion to restore the action to the trial calendar, since he failed to demonstrate a reasonable excuse for his delay (see, CPLR 3404; Furniture Vil. v Schoenberger, 283 AD2d 607; Lopez v Imperial Delivery Serv., 282 AD2d 190). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

Mandel v. Johnson, 285 A.D.2d 630, 728 N.Y.S.2d 669, 2001 N.Y. App. Div. LEXIS 7682 (N.Y. Ct. App. 2001).

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