1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 283 A.D.2d
  5. 283 A.D.2d 607 (2001)
 

FURNITURE VILLAGE, INC. v. SCHOENBERGER

283 A.D.2d 607 (2001)

725 N.Y.S.2d 860

FURNITURE VILLAGE, INC., Appellant, v. DAVID SCHOENBERGER et al., Defendants and Third-Party Plaintiffs-Respondents. GREENFIELD FUEL OIL COMPANY et al., Third-Party Defendants-Respondents.

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

Decided May 29, 2001.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

It is well settled that a party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the absence of prejudice to the nonmoving party (see, Lopez v Imperial Delivery...

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