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Higgins v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1980
76 A.D.2d 881 (N.Y. App. Div. 1980)

Opinion

June 16, 1980


In a negligence action to recover damages for personal injuries, etc., which action was dismissed pursuant to CPLR 3404, the defendant County of Nassau appeals from an order of the Supreme Court, Nassau County, dated January 3, 1980, which granted plaintiff's motion to vacate the dismissal and to restore the action to the Trial Calendar. Order reversed, on the law, without costs or disbursements, and motion denied. It was an improvident exercise of discretion for Special Term to restore the action to the Trial Calendar. Plaintiff failed to make the requisite showing of facts sufficient to excuse his delay in prosecution and to establish a meritorious cause of action (see Barasch v Micucci, 49 N.Y.2d 594; Monahan v. Fiore, 71 A.D.2d 914). Mangano, J.P., Gibbons, Rabin and Gulotta, JJ., concur.


Summaries of

Higgins v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1980
76 A.D.2d 881 (N.Y. App. Div. 1980)
Case details for

Higgins v. County of Nassau

Case Details

Full title:WARREN HIGGINS, JR., Respondent, v. COUNTY OF NASSAU, Appellant, and…

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

Date published: Jun 16, 1980

Citations

76 A.D.2d 881 (N.Y. App. Div. 1980)

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