1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 166 A.D.2d
  5. 166 A.D.2d 327 (1990)
 

M.J. WILLIAMS CORP. v. ROMA FRAGRANCES & COSMETICS, LTD.

166 A.D.2d 327 (1990)

M.J. Williams Corp., Plaintiff, v. Roma Fragrances and Cosmetics, Ltd., et al., Defendants. Eve of Roma Corp. et al., Appellants, v. Equitable Life Assurance Society of the United States et al., Respondents

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

October 23, 1990

CPLR 3404 provides that a case marked "off" or struck from the calendar shall be automatically dismissed, as abandoned, for neglect to prosecute. The IAS court found it "clear" from the "court records" that the entire action was marked off the Trial Calendar on July 2, 1986. We find no evidence in the record to support cross-plaintiffs' claim that the "marking off" was on consent or with any conditions attached. While it is arguable...

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