Rampersand v. Court Trans, Inc.

Appellate Division of the Supreme Court of New York

Rampersand v. Court Trans, Inc.

270 A.D.2d 473, 705 N.Y.S.2d 289, 2000 N.Y. App. Div. LEXIS 3217

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

DecidedMarch 27, 2000

StatusPublished

This text of 270 A.D.2d 473 (Rampersand v. Court Trans, 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

Rampersand v. Court Trans, Inc., 270 A.D.2d 473, 705 N.Y.S.2d 289, 2000 N.Y. App. Div. LEXIS 3217 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to recover damages for personal injuries and property damage, the plaintiffs appeal from an order of the Supreme Court, Queens County (Golia, J.), dated April 12, 1999, which denied their motion to vacate the automatic dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

To vacate a dismissal pursuant to CPLR 3404, the plaintiff must show a reasonable excuse for the delay, lack of prejudice to the adversary, a meritorious cause of action, and lack of intention to abandon (see, Robinson v New York City Tr. Auth., 203 AD2d 351). The plaintiffs failed to do so here. Ritter, J. P., Sullivan, Luciano and H. Miller, JJ., concur.

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—In an action to recover damages for personal injuries and property damage, the plaintiffs appeal from an order of the Supreme Court, Queens County (Golia, J.), dated April 12, 1999, which denied their motion to vacate the automatic dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

To vacate a dismissal pursuant to CPLR 3404, the plaintiff must show a reasonable excuse for the delay, lack of prejudice to the adversary, a meritorious cause of action, and lack of intention to abandon (see, Robinson v New York City Tr. Auth., 203 AD2d 351). The plaintiffs failed to do so here. Ritter, J. P., Sullivan, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

270 A.D.2d 473, 705 N.Y.S.2d 289, 2000 N.Y. App. Div. LEXIS 3217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rampersand-v-court-trans-inc-nyappdiv-2000.

Opinion

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