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Bunyan v. Goldwasser

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 805 (N.Y. App. Div. 1987)

Opinion

June 29, 1987

Appeal from the Supreme Court, Queens County (Lerner, J.).


Ordered that the appeal from the order dated March 13, 1986 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument (see, McFadden v Long Is. R.R., 115 A.D.2d 644); and it is further,

Ordered that the order dated December 30, 1985 is affirmed, without costs or disbursements.

The plaintiffs failed to advance any excuse which justifies the two-year delay in moving to restore to the Trial Calendar this action stemming from a 1979 automobile accident. Nor is there any competent indication that the injured plaintiff sustained a "serious injury" (see, Insurance Law § 5102 [d]; § 5104 [a]). Under the circumstances, the Supreme Court did not abuse its discretion by refusing to restore this action for trial (cf., Fluman v TSS Dept. Stores, 100 A.D.2d 838). Thompson, J.P., Bracken, Lawrence and Harwood, JJ., concur.


Summaries of

Bunyan v. Goldwasser

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 805 (N.Y. App. Div. 1987)
Case details for

Bunyan v. Goldwasser

Case Details

Full title:AUGUSTA BUNYAN et al., Appellants, v. FERN GOLDWASSER et al., Respondents

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

Date published: Jun 29, 1987

Citations

131 A.D.2d 805 (N.Y. App. Div. 1987)

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