1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 78 A.D.3d
  5. 78 A.D.3d 434 (2010)
 

BENJAMIN v. TEIXEIRA

3557, 7464/04.

78 A.D.3d 434 (2010)

911 N.Y.S.2d 36

NICOLE BENJAMIN, Appellant, v. JULIO TEIXEIRA, M.D., et al., Respondents, et al., Defendants.

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

Decided November 9, 2010.

A party seeking to have a case restored to the trial calendar must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action and the absence of prejudice to the opposing party (see e.g. Kaufman v Bauer, 36 A.D.3d 481, 482 [2007]). Here, plaintiff, who brought this motion more than one year after the action had been struck from the trial calendar, failed to make the requisite...

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