1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 282 A.D.2d
  5. 282 A.D.2d 190 (2001)
 

LOPEZ v. IMPERIAL DELIVERY

282 A.D.2d 190 (2001)

725 N.Y.S.2d 57

MIGUEL LOPEZ et al., Appellants, v. IMPERIAL DELIVERY SERVICE, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 2001.

Attorney(s) appearing for the Case

Pulvers, Pulvers, Thompson & Kutner, L. L. P., New York City (Marc R. Thompson of counsel), for appellants.

L'Abbate, Balkan, Colavita & Contini, L. L. P., Garden City (Domingo R. Gallardo and Matthew P. Levy of counsel), for respondents.

RITTER, J. P., FRIEDMANN and H. MILLER, JJ., concur.

OPINION OF THE COURT

FEUERSTEIN, J.

The issue presented in this case is whether CPLR 3404, which provides that a case marked "`off' or struck from the calendar * * * and not restored within one year thereafter, shall be deemed abandoned and shall be dismissed," should be applied to cases where no note of issue has been filed, i.e., cases which have not yet reached the trial calendar. It has become an all too common practice in the trial courts to mark a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases