RIFKIN v. HERMAN


262 A.D.2d 389 (1999)

691 N.Y.S.2d 142

LINDA RIFKIN, Respondent, v. MARC W. HERMAN, Appellant.

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

Decided June 7, 1999.


Ordered that the order is affirmed, with costs.

Under the circumstances, it was not an improvident exercise of discretion to vacate the automatic dismissal and to restore the action to the trial calendar. CPLR 3404 creates a rebuttable presumption that an action marked off the trial calendar and not restored within one year has been abandoned. The court has the discretionary power to restore the case if the movant establishes...

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