Legal Opinion
Schuman v. Raymond Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1991PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: It is well settled that, absent demonstration of a meritorious cause of action and justifiable excuse for the failure to file a note of issue within the 90-day period, it is an *1041abuse of discretion to deny a CPLR 3216 motion to dismiss for lack of prosecution (see, Cox v Edmister, 122 AD2d 557, appeal dismissed 68 NY2d 900; MacLeod v Nolte, 106 AD2d 860). Absent a showing that defendant deliberately denied or obstructed discovery, plaintiffs’ delay in obtaining discovery does not…
2Cases cited9 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1988
- 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
- Jones v. First Federal Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by5 opinions
- Wilson v. NembhardtAppellate Division of the Supreme Court of the State of New York · 1992
- DeLisa v. PettinatoAppellate 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
- Jungels v. Herman Miller Co.Appellate Division of the Supreme Court of the State of New York · 1993
- LDA Corp. v. Meringoff PropertiesAppellate Division of the Supreme Court of the State of New York · 2002