1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 306 A.D.2d
  5. 306 A.D.2d 138 (2003)
 

SHERMAN v. AMERICAN YARD PRODUCTS, INC.

306 A.D.2d 138 (2003)

760 N.Y.S.2d 320

JOEL SHERMAN et al., Appellants-Respondents, v. AMERICAN YARD PRODUCTS, INC., Respondent-Appellant.

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

Decided June 17, 2003.

Defendant's motion to dismiss based on plaintiff's failure to restore the action to a pre-note-of-issue calendar and other delay in prosecuting the action was properly denied on the ground that no CPLR 3216 notice was ever served (see Jiles v New York City Tr. Auth., 290 A.D.2d 307 [2002]). However, plaintiff's cross motion to restore the case to active status should have been granted at least to the extent of acknowledging that...

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