Legal Opinion

Public Service Mutual Insurance v. Zucker

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1996PublishedCited by 7 opinions

1Opinion of the Court

In May 1994, a year after joinder of issue on an amended set of pleadings, defendant Zucker served upon plaintiff a demand for resumption of this negligence action, calling for service and filing of a note of issue within 90 days, on pain of dismissal (CPLR 3216 [b] [3]). When plaintiff failed to react within the 90 days, Zucker moved for dismissal,* at which point plaintiff’s counsel submitted an affirmation acknowledging that Zucker’s *309demand had been timely received but mislaid, causing the demand period to lapse without action. Citing prejudice to plaintiff from dismissal of what would now…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Mosberg v. ElahiNew York Court of Appeals · 1992
  2. In re Arbitration between Travelers Indemnity Co. & LevyAppellate Division of the Supreme Court of the State of New York · 1993
  3. Miskiewicz v. Hartley Restaurant Corp.New York Court of Appeals · 1983
  4. Vernon v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
  5. Monarch Insurance v. PollackAppellate Division of the Supreme Court of the State of New York · 1969

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3Cited by7 opinions

  1. Branham v. Loews Orpheum Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Lopez v. Trucking & Stratford, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Popowich v. KormanAppellate Division of the Supreme Court of the State of New York · 2010
  4. Indemnity Insurance v. LamendolaAppellate Division of the Supreme Court of the State of New York · 1999
  5. 176-60 Union Turnpike, Inc. v. KlingerAppellate Division of the Supreme Court of the State of New York · 2001

2 more not listed; retrieve them via the Exa API.

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