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Gibbs v. McRide Cab Co.

Eadel A. Gibbs v. McRide Cab Co.

Gibbs v. McRide Cab Co., 10 A.D.3d 671 (2004)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
September 20, 2004
Citations
10 A.D.3d 671781 N.Y.S.2d 7472004 N.Y. App. Div. LEXIS 10950

Opinion of the Court

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In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated August 14, 2003, as granted the motion of the defendant McRide Cab Co. for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant McRide Cab Co.

The motion of the defendant McRide Cab Co. for summary judgment, made almost six months after the note of issue was filed, failed to comply with the requirements of CPLR 3212 (a). The absence of prejudice to the plaintiff did not constitute good cause for the delay (see Brill v City of New York, 2 NY3d 648 [2004]). Smith, J.P., Krausman, Crane and Spolzino, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2005: 32009: 12023: 120052026peak 2005 · 3

Relies on it most ⓘ

  1. Gaines v. Shell-Mar Foods, Inc.21 A.D.3d 986 (2005)
  2. Breiding v. Giladi15 A.D.3d 435 (2005)
  3. Baldessari v. Caines61 A.D.3d 904 (2009)
  4. Slane v. Kalache7 Misc. 3d 717 (N.Y. Sup. Ct. 2005)
  5. Vicioso v. Sultan2023 NY Slip Op 35578(U) (N.Y. Sup. Queens 2023)

Most recent

  1. Vicioso v. Sultan2023 NY Slip Op 35578(U) (N.Y. Sup. Queens 2023)
  2. Baldessari v. Caines61 A.D.3d 904 (2009)
  3. Gaines v. Shell-Mar Foods, Inc.21 A.D.3d 986 (2005)
  4. Slane v. Kalache7 Misc. 3d 717 (N.Y. Sup. Ct. 2005)
  5. Breiding v. Giladi15 A.D.3d 435 (2005)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Brill v. City of N.Y., 814 N.E.2d 431 (N.Y. 2004) 454

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