Legal Opinion
M.P.S. Marketing Services, Inc. v. Champion International Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 16, 1991PublishedCited by 7 opinions
1Opinion of the Court
— In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated December 11, 1989, which denied its motion to dismiss the complaint for failure to prosecute pursuant to CPLR 3216 (a).
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.
*251The instant action arising from transactions in 1981, was commenced in 1983. The plaintiffs served discovery demands through December 1984, and then allowed the action to remain dormant.…
2Cases cited3 opinions
- Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1988
- Koriba, Inc. v. PorcoAppellate Division of the Supreme Court of the State of New York · 1986
- Wilson v. LevinsonAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by7 opinions
- Rubin v. BaglioAppellate Division of the Supreme Court of the State of New York · 1996
- Lichter v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Wilson v. NembhardtAppellate Division of the Supreme Court of the State of New York · 1992
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Shu Chaing Chan v. FendtAppellate Division of the Supreme Court of the State of New York · 1992
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