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Kassover v. Diamonds Run Ltd.

Appellate Division of the Supreme Court of New York, First Department
May 20, 1993
193 A.D.2d 515 (N.Y. App. Div. 1993)

Opinion

May 20, 1993

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


Assuming, in defendant's favor, that CPLR 3404 applies to cases marked off the calendar on consent of the parties as well as to cases struck due to a party's default or neglect (see, Williams Corp. v Roma Fragrances Cosmetics, 166 A.D.2d 327; Escobar v Deepdale Gen. Hosp., 172 A.D.2d 486), it was not an abuse of discretion to restore the action to the calendar, in view of plaintiff's strong showing of merit on both liability and damages, defendant's failure to show prejudice, the extensive and ongoing medical treatment undertaken by plaintiff during the period of delay, and the parties' stipulation providing for restoration to be calendared.

Concur — Rosenberger, J.P., Kupferman, Asch and Rubin, JJ.


Summaries of

Kassover v. Diamonds Run Ltd.

Appellate Division of the Supreme Court of New York, First Department
May 20, 1993
193 A.D.2d 515 (N.Y. App. Div. 1993)
Case details for

Kassover v. Diamonds Run Ltd.

Case Details

Full title:MELODY KASSOVER, Respondent, v. DIAMONDS RUN LTD., Defendant, and WAYNE…

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

Date published: May 20, 1993

Citations

193 A.D.2d 515 (N.Y. App. Div. 1993)
597 N.Y.S.2d 408

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