Legal Opinion
County v. Cannady
Appellate Terms of the Supreme Court of New York
Decided October 23, 2007Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed without costs.
The court below providently exercised its discretion in dismissing the complaint for lack of prosecution upon defendant’s motion pursuant to CPLR 3216.
Had plaintiff simply filed the notice of trial in a timely fashion in response to defendant’s CPLR 3216 90-day written demand, his utter neglect of the matter over the preceding six years would have been excused. Instead of doing so, or immediately investigating (as he arguably should have done years earlier) why the matter had not been placed on the Civil Court trial calendar (see…
2Cases cited8 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Berktas v. McMillianAppellate Division of the Supreme Court of the State of New York · 2007
- Galati v. C. Raimondo & Sons Construction Co.Appellate Division of the Supreme Court of the State of New York · 2006
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