Katina, Inc. v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (O’Connell, J.), entered January 27, 2003, which, upon an order of the same court dated October 2, 2002, granting the defendants’ motion to dismiss the complaint pursuant to CPLR 3216, dismissed the complaint.
Ordered that the judgment is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the complaint is reinstated, and the order is modified accordingly.
Where a party is served with a 90-day notice pursuant to CPLR…
2Cases cited7 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Scarlett v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2003
- Rubin v. BaglioAppellate Division of the Supreme Court of the State of New York · 1996
- Hayden v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
- Lopez v. Pathmark Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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- Midwood Total Rehab, P.C. v. GEICO Ins. Co.Appellate Terms of the Supreme Court of New York · 2018
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