RODRIGUEZ v. MITCHELL

2009-07601.

81 A.D.3d 624 (2011)

916 N.Y.S.2d 784

HECTOR RODRIGUEZ, Appellant, v. DAVID MITCHELL et al., Respondents.

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

Decided February 1, 2011.


Ordered that the order is affirmed, with costs.

On September 16, 1998, the Supreme Court marked this case "inactive pre-note" after the plaintiff failed to appear at a status conference. The plaintiff's motion to restore the action to active status was made over 10 years after the case was marked inactive and almost 18 years after the accident. In light of the inexcusable delay of over 10 years in moving to restore this action to active status and the resulting prejudice...

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