(Download) "Lyons v. Donnelly" by Nassau County New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Lyons v. Donnelly
- Author : Nassau County New York Supreme Court
- Release Date : January 15, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This legal malpractice action was marked off the trial calendar on February 23, 2004 in the Calendar Control Part. It is well established that "in order to restore a case that has been dismissed pursuant to CPLR 3404, the plaintiff must demonstrate (1) a reasonable excuse for the failure to timely restore, (2) a meritorious cause of action, (3) a lack of intent to abandon, and (4) lack of prejudice to the opposing party" (Neidereger v Hidden Park Apts., Inc., 306 AD2d 392). Counsel for the defendant contends that the plaintiff cannot show a meritorious cause of action because he failed to include this legal malpractice cause of action as an asset of his bankruptcy estate when he filed a Chapter 7 Bankruptcy Petition in 1992 after the commencement of this action. The Court agrees.