Legal Opinion
Gache v. Incorporated Village of Freeport
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1994PublishedCited by 9 opinions
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Segal, J.), dated February 25, 1992, which granted the defendants’ motion to dismiss the action pursuant to CPLR 3216 for want of prosecution.
Ordered that the order is affirmed, with costs.
Upon being served with a 90-day demand pursuant to CPLR 3216, the plaintiff was required to comply therewith by filing a note of issue or by moving, before the default date, to either vacate the notice or to extend the 90-day period (see, Socoloff v New York Eye & Ear…
2Cases cited2 opinions
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Socoloff v. New York Eye & Ear InfirmaryAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by9 opinions
- Sharpe v. OsorioAppellate Division of the Supreme Court of the State of New York · 2005
- LaMacchia v. RogersAppellate Division of the Supreme Court of the State of New York · 2004
- Sarot v. YusufovAppellate Division of the Supreme Court of the State of New York · 2003
- Davies v. BaranovichAppellate Division of the Supreme Court of the State of New York · 2011
- Raffa v. CookAppellate Division of the Supreme Court of the State of New York · 2001
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