Legal Opinion

Schneider v. Cookson America, Inc.

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

Decided December 30, 1999Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting defendant’s motion to dismiss the complaint based on plaintiff’s failure to file a note of issue and statement of readiness pursuant to defendant’s demand or to comply with the court’s scheduling order. In response to the motion, plaintiff failed to offer a reasonable excuse for the failure to file the note of issue and failed to submit an affidavit of merit (see, Geise v Wetherill, 238 AD2d 952, 952-953; Jaeger v Spina, 224 AD2d 951, 952; cf., Feeney v Benderson Dev. Corp., 255 AD2d…

2Cases cited4 opinions

  1. Feeney v. Benderson Development Co.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Geise v. WetherillAppellate Division of the Supreme Court of the State of New York · 1997
  3. Yule v. ComerfordAppellate Division of the Supreme Court of the State of New York · 1988
  4. Jaeger v. SpinaAppellate Division of the Supreme Court of the State of New York · 1996

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API