Charlotte Lake River Associates v. American Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: In these consolidated actions Special Term erred in granting defendants’ motion for dismissal of plaintiff’s complaint, pursuant to CPLR 3216, unless plaintiff filed a note of issue and was ready to proceed to trial on or before November 1, 1985. In order to defeat defendants’ motion to dismiss, it was incumbent upon plaintiff to show a justifiable excuse for failure to file a note of issue within the 90-day period following defendants’ demand, and to establish a…
2Cases cited7 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Walker v. Town of LockportNew York Court of Appeals · 1985
- MacLeod v. NolteAppellate Division of the Supreme Court of the State of New York · 1984
- Riley v. MakowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Cummings v. St. Joseph's Hospital Health CenterAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Zent v. Board of Education of Cleveland Hill School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- DeLisa v. PettinatoAppellate Division of the Supreme Court of the State of New York · 1993
- Abele Tractor & Equipment Co. v. RJ Valente, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Cook v. Blue Ridge InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Cordts v. Bob Curry Oldsmobile Cadillac, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
9 more not listed; retrieve them via the Exa API.