Valente v. New York City Industrial Development Agency

Appellate Division of the Supreme Court of New York

Valente v. New York City Industrial Development Agency

252 A.D.2d 580, 675 N.Y.S.2d 310, 1998 N.Y. App. Div. LEXIS 8643

Appellate Division of the Supreme Court of the State of New York·Decided July 27, 1998·Published·Cited by 1 cases

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated August 8, 1997, which denied his motion to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

After the parties failed to appear at a status conference, the Supreme Court marked the case off its calendar. Thereafter, the plaintiff waited approximately eight years to make the instant motion to restore. Since the plaintiff failed to demonstrate either a meritorious cause of action or a reasonable [581] excuse for his delay, we find that the Supreme Court did not err in denying the plaintiff’s motion (see, CPLR 5015 [a] [1]; Lake Claire Homeowners Assn. v Rosenberg, 245 AD2d 427; Arthur v City of Yonkers, 237 AD2d 474). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated August 8, 1997, which denied his motion to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

After the parties failed to appear at a status conference, the Supreme Court marked the case off its calendar. Thereafter, the plaintiff waited approximately eight years to make the instant motion to restore. Since the plaintiff failed to demonstrate either a meritorious cause of action or a reasonable [581] excuse for his delay, we find that the Supreme Court did not err in denying the plaintiff’s motion (see, CPLR 5015 [a] [1]; Lake Claire Homeowners Assn. v Rosenberg, 245 AD2d 427; Arthur v City of Yonkers, 237 AD2d 474). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

Valente v. New York City Industrial Development Agency, 252 A.D.2d 580, 675 N.Y.S.2d 310, 1998 N.Y. App. Div. LEXIS 8643 (N.Y. Ct. App. 1998).

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252 A.D.2d 580 (Valente v. New York City Industrial Development Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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