Schneider v. Cookson America, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Feeney v. Benderson Development Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Geise v. WetherillAppellate Division of the Supreme Court of the State of New York · 1997
- Yule v. ComerfordAppellate Division of the Supreme Court of the State of New York · 1988
- Jaeger v. SpinaAppellate Division of the Supreme Court of the State of New York · 1996