Legal Opinion
Charnock v. Preferred Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2001PublishedCited by 5 opinions
1Opinion of the Court
Or*982der unanimously affirmed with costs. Memorandum: Supreme Court properly denied that part of defendant’s motion seeking dismissal of the action pursuant to CPLR 3216. Plaintiffs met their burden of demonstrating a justifiable excuse for their failure to file a note of issue within 90 days of defendant’s demand (see, CPLR 3216 [e]; Lichter v State of New York, 198 AD2d 687, 687-688). Plaintiffs established that their delay did not result from their intent to abandon the action, but instead resulted from their attorney’s debilitating injury (see, Hansel v Lamb, 227 AD2d 838, 839). Plaintiffs…
2Cases cited5 opinions
- Lichter v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Kyong Nam Chang v. General Accident Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1993
- Hansel v. LambAppellate Division of the Supreme Court of the State of New York · 1996
- D'Autremont v. Fire Ass'n of PhiladelphiaNew York Supreme Court · 1892
- Alpha Auto Brokers, Ltd. v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- Hawe v. DelmarAppellate Division of the Supreme Court of the State of New York · 2017
- Lenhard v. Genesee Patrons Co-operative InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Feders v. LamprechtAppellate Division of the Supreme Court of the State of New York · 2007
- HAWE, RONALD L. v. DELMAR, TODDAppellate Division of the Supreme Court of the State of New York · 2017
- Hawe v. DelmarAppellate Division of the Supreme Court of the State of New York · 2017