Nicholson v. Warren

Appellate Division of the Supreme Court of New York

Nicholson v. Warren

248 A.D.2d 602, 669 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 2897

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

DecidedMarch 23, 1998

StatusPublished

This text of 248 A.D.2d 602 (Nicholson v. Warren) 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

Nicholson v. Warren, 248 A.D.2d 602, 669 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 2897 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated February 5, 1997, which denied their motion for an order in accordance with General Municipal Law § 205-e reinstating a previously-dismissed action.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, the Supreme Court properly denied reinstatement of their previously-dismissed action. General Obligations Law § 11-106 and General Municipal Law § 205-e (3) are not applicable here since the underlying action, which was dismissed by order of the Supreme Court, Nassau County, dated April 4, 1996, was neither commenced on, nor was pending on, October 9, 1996, the effective date of those statutes.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated February 5, 1997, which denied their motion for an order in accordance with General Municipal Law § 205-e reinstating a previously-dismissed action.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, the Supreme Court properly denied reinstatement of their previously-dismissed action. General Obligations Law § 11-106 and General Municipal Law § 205-e (3) are not applicable here since the underlying action, which was dismissed by order of the Supreme Court, Nassau County, dated April 4, 1996, was neither commenced on, nor was pending on, October 9, 1996, the effective date of those statutes.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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Bluebook (online)

248 A.D.2d 602, 669 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholson-v-warren-nyappdiv-1998.

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