Legal Opinion
Matthew v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 1 opinion
1Opinion of the Court
A compliance conference order dated January 4, 2010, provided that the plaintiffs failure to file a note of issue on or before July 16, 2010, would result in dismissal of the action pursuant to CPLR 3216. While discovery was still outstanding, on July 16, 2010, the plaintiff filed a conditional note of issue without first obtaining permission from the court pursuant to 22 NYCRR 202.21 (d) (see Huger v Cushman & Wakefield, Inc., 58 AD3d 682, 684 [2009]; cf. Lopez v Retail Prop. Trust, 84 AD3d 891 [2011]). More than 5V2 months after filing the conditional note of issue, the plaintiff moved…
2Cases cited6 opinions
- Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
- Audiovox Corp. v. BenyaminiAppellate Division of the Supreme Court of the State of New York · 2000
- Huger v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Silverberg v. GuzmanAppellate Division of the Supreme Court of the State of New York · 2009
- Wigand v. ModlinAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by1 opinion
- Macaluso v. Glengariff Corp.Appellate Division of the Supreme Court of the State of New York · 2017