Legal Opinion
Barbu v. Savescu
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 5 opinions
1Opinion of the Court
The Supreme Court properly denied that branch of the appellants’ motion which was pursuant to CFLR 3216 to dismiss the complaint insofar as asserted against them. The plaintiffs filed a timely note of issue and there is no indication in the record that the note of issue was ever vacated. Relief pursuant to CPLR 3216 is no longer available based on a plaintiffs unreasonable neglect to proceed or delay in the prosecution of an action after the filing of the note of issue (see Chase v Scavuzzo, 87 NY2d 228, 231, 233 [1995]; Ballestero v Haf Edgecombe Assoc., L.P., 33 AD3d 952, 953 [2006];…
2Cases cited4 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Chase v. ScavuzzoNew York Court of Appeals · 1995
- Ballestero v. Haf Edgecombe Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- Buczek v. Dell & Little, LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Suburban Restoration Co. v. ViglottiAppellate Division of the Supreme Court of the State of New York · 2008
- Transtechnology Corp. v. AssessorAppellate Division of the Supreme Court of the State of New York · 2010
- Amtrust Bank v. DweckAppellate Division of the Supreme Court of the State of New York · 2022
- Ortiz v. Wakefern Food Corp.Appellate Division of the Supreme Court of the State of New York · 2025