Monday, January 11, 2016

Restoring a case after more than one year.

Practice point:  The Appellate Division determined that the court providently exercised its discretion in granting plaintiff's cross motion to restore the case to the calendar more than one year after it had been marked off.  Plaintiff showed a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the matter to the calendar, an absence of intent to abandon prosecution, and a lack of prejudice to defendant.

Student note:  The Appellate Division noted that defendant did not contest that plaintiff showed a potentially meritorious cause of action based on evidence that he broke his ankle after tripping on a broken sidewalk curb of which the City had prior written notice.

Case:  Ford v. City of New York, NY Slip Op 00007 (1st Dept. 2016)

Here is the decision.

Tomorrow's issue:  Workers' Compensation benefits.