1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 295 A.D.2d
  5. 295 A.D.2d 201 (2002)
 

THE PROMENADE v. SCHINDLER ELEVATOR CORPORATION

295 A.D.2d 201 (2002)

743 N.Y.S.2d 495

THE PROMENADE et al., Appellants, v. SCHINDLER ELEVATOR CORPORATION et al., Respondents, et al., Defendant. GLICK CORPORATION et al., Third-Party Plaintiffs-Respondents, v. A. WACHSBERGER ROOFING & SHEET METAL CORP. et al., Third-Party Defendants, and MEADOW MECHANICAL CORP., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided June 18, 2002.

Defendants claim prejudice from plaintiff's delay of more than a decade in bringing this case to trial or mediation. When plaintiff failed to appear for a scheduled discovery conference in May 1997, the case was marked off the pre-note-of-issue calendar. A year later, plaintiff having failed to move to restore, the case was deemed abandoned and dismissed, purportedly by operation of law under CPLR 3404.

All are in agreement that CPLR 3404 relates to automatic dismissal...

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