Legal Opinion
Simmons v. McSimmons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 1999PublishedCited by 17 opinions
1Opinion of the Court
—In a proceeding pursuant to Business Corporation Law § 1104-a for judicial dissolution of a close corporation, McSimmons, Inc., Robert H. Simmons, and McVision, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated July 25, 1997, as denied their motion to dismiss the petition for failure to prosecute.
*548Ordered that the order is affirmed insofar as appealed from, with costs.
It is well established that in order to defeat a motion to dismiss a pleading for failure to prosecute, the party upon whom a demand to file a note of issue is…
2Cases cited5 opinions
- Dick v. Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1985
- Markarian v. HundertAppellate Division of the Supreme Court of the State of New York · 1992
- Gibson v. D'AvanzoAppellate Division of the Supreme Court of the State of New York · 1984
- Peterwanda, Inc. v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1981
- Schoenhals v. Kissing Bridge Corp.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by17 opinions
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
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- Goldblum v. Franklin Munson Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- Anonymous v. Duane Reade, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Misun Lee v. RadAppellate Division of the Supreme Court of the State of New York · 2015
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