Safanov v Oztas

[*1] Safanov v Oztas 2014 NY Slip Op 50535(U) Decided on March 21, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 21, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and WESTON, JJ
2013-686 K C.

Yakub Safanov and SHITRO SAFANOVA, Respondents,

against

Selahattin Oztas and BARBARA JEAN BLATT, Appellants.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered September 7, 2012. The order granted plaintiffs' motion to restore the action to the trial calendar.

ORDERED that the order is reversed, without costs, and plaintiffs' motion to restore the action to the trial calendar is denied.

This action to recover for personal injuries allegedly sustained in a motor vehicle accident was commenced in the Supreme Court in 2003 and transferred to the Civil Court, pursuant to CPLR 325 (d), by order entered October 2, 2007. It is undisputed that the case was marked off the Civil Court's trial calendar on March 21, 2011. In July 2012, more than one year after the case had been marked off, plaintiffs moved to restore it. Defendants appeal from an order of the Civil Court which granted plaintiffs' motion.

An action that has been marked off the trial calendar which is not restored to the calendar within one year may be restored thereafter only if the plaintiff demonstrates, among other things, a meritorious cause of action and a reasonable excuse for the delay in moving to restore the case (see Daniels v Manhattan & Bronx Surface Tr. Operating Auth., 38 Misc 3d 140[A], 2013 NY Slip Op 50204[U] [App Term, 2d, 11th & 13th Jud Dists 2013]; First Help Acupuncture, P.C. v General Assur. Co., 34 Misc 3d 144[A], 2012 NY Slip Op 50142[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Ferguson v Port Auth. of NY & N.J., 30 Misc 3d 131[A], 2011 NY Slip Op 50025[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; Vitality Chiropractic, P.C. v State Farm Mut. Ins. Co., 25 Misc 3d 130[A], 2009 NY Slip Op 52114[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; see generally Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.14 [c]), which plaintiffs failed to do. Consequently, plaintiffs' motion should have been denied.

Accordingly, the order is reversed and plaintiffs' motion to restore the action to the trial calendar is denied.

Aliotta, J.P., Pesce and Weston, JJ., concur.
Decision Date: March 21, 2014