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Langone v. Ben's Auto Parts, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1995
222 A.D.2d 656 (N.Y. App. Div. 1995)

Opinion

December 29, 1995

Appeal from the Supreme Court, Nassau County (McCarty, J.).


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff failed to demonstrate a reasonable excuse for her lengthy delay in seeking to restore her action to the Supreme Court's calendar after it had been marked off that calendar. Under these circumstances, the Supreme Court did not improvidently exercise its discretion by denying the plaintiff's motion (see, CPLR 3404; see also, Roland v Napolitano, 209 A.D.2d 501; Robinson v New York City Tr. Auth., 203 A.D.2d 351; Whitney v Stewart, 175 A.D.2d 674; Monahan v Fiore, 71 A.D.2d 914; Lee v City School Dist., 57 A.D.2d 566). Sullivan, J.P., Balletta, Miller and O'Brien, JJ., concur.


Summaries of

Langone v. Ben's Auto Parts, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1995
222 A.D.2d 656 (N.Y. App. Div. 1995)
Case details for

Langone v. Ben's Auto Parts, Inc.

Case Details

Full title:DIANNE LANGONE, Appellant, v. BEN'S AUTO PARTS, INC., et al., Respondents

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

Date published: Dec 29, 1995

Citations

222 A.D.2d 656 (N.Y. App. Div. 1995)
636 N.Y.S.2d 651