Public Service Mutual Insurance v. Zucker
Appellate Division of the Supreme Court of the State of New York
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
- Mosberg v. ElahiNew York Court of Appeals · 1992
- In re Arbitration between Travelers Indemnity Co. & LevyAppellate Division of the Supreme Court of the State of New York · 1993
- Miskiewicz v. Hartley Restaurant Corp.New York Court of Appeals · 1983
- Vernon v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
- Monarch Insurance v. PollackAppellate Division of the Supreme Court of the State of New York · 1969
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3Cited by7 opinions
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- Popowich v. KormanAppellate Division of the Supreme Court of the State of New York · 2010
- Indemnity Insurance v. LamendolaAppellate Division of the Supreme Court of the State of New York · 1999
- 176-60 Union Turnpike, Inc. v. KlingerAppellate Division of the Supreme Court of the State of New York · 2001
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