Legal Opinion
Belson v. Dix Hills Air Conditioning, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 2014No. 2012-10402PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for unlawful termination of employment and discrimination in employment on the basis of disability in violation of Executive Law § 296, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated April 23, 2012, which denied their motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute the action.
Ordered that the order is affirmed, with costs.
Where, as here, a plaintiff has been served with a 90-day demand pursuant to CPLR 3216 (b) (3), that plaintiff must comply with the demand by filing a note of issue…
2Cases cited14 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
- Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Di Simone v. Good Samaritan HospitalNew York Court of Appeals · 2003
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3Cited by2 opinions
- Deutsche Bank National Trust Co. v. IngaAppellate Division of the Supreme Court of the State of New York · 2017
- Commodity Futures Trading Commission v. AlexandreDistrict Court, S.D. New York · 2025