Twenty-Six Realty Associates v. Lichtschein

Appellate Division of the Supreme Court of New York

Twenty-Six Realty Associates v. Lichtschein

267 A.D.2d 148, 699 N.Y.S.2d 286, 1999 N.Y. App. Div. LEXIS 13214

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

DecidedDecember 21, 1999

StatusPublished

This text of 267 A.D.2d 148 (Twenty-Six Realty Associates v. Lichtschein) 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

Twenty-Six Realty Associates v. Lichtschein, 267 A.D.2d 148, 699 N.Y.S.2d 286, 1999 N.Y. App. Div. LEXIS 13214 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered June 2, 1998, which denied plaintiffs motion to restore the action to the preliminary conference calendar, and granted defendants’ cross motion to dismiss the action as abandoned, unanimously affirmed, with costs.

An action marked off the preliminary conference calendar and not restored within one year is deemed abandoned and subject to automatic dismissal for neglect to prosecute (see, Boger v City of New York, 233 AD2d 182), albeit also subject to restoration upon a showing of a meritorious cause of action, a reasonable excuse for the delay, a lack of prejudice to the opposing party, and a lack of intent to abandon the action (see, supra). The motion court correctly held that plaintiff failed to make such showing. Concur — Nardelli, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered June 2, 1998, which denied plaintiffs motion to restore the action to the preliminary conference calendar, and granted defendants’ cross motion to dismiss the action as abandoned, unanimously affirmed, with costs.

An action marked off the preliminary conference calendar and not restored within one year is deemed abandoned and subject to automatic dismissal for neglect to prosecute (see, Boger v City of New York, 233 AD2d 182), albeit also subject to restoration upon a showing of a meritorious cause of action, a reasonable excuse for the delay, a lack of prejudice to the opposing party, and a lack of intent to abandon the action (see, supra). The motion court correctly held that plaintiff failed to make such showing. Concur — Nardelli, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 148, 699 N.Y.S.2d 286, 1999 N.Y. App. Div. LEXIS 13214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/twenty-six-realty-associates-v-lichtschein-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack