Berna v. Monroe Community College
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Sixteen months after issue was joined, defendant, pursuant to CPLR 3216, served a written demand upon plaintiffs that they file and serve a note of issue within 90 days. Five months thereafter, defendant moved to dismiss the complaint for failure to comply with the demand. Special Term denied the motion and defendant appeals. We reverse. Plaintiffs’ failure to provide a justifiable excuse for their neglect to proceed and their failure to demonstrate that they have a meritorious cause of action…
2Cases cited7 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Andreano v. TestaAppellate Division of the Supreme Court of the State of New York · 1978
- Nelson v. Eastman Dental CenterAppellate Division of the Supreme Court of the State of New York · 1981
- Brothers v. WallAppellate Division of the Supreme Court of the State of New York · 1981
- Goetzmann v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1979
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3Cited by6 opinions
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- Brady v. MastrianniAppellate Division of the Supreme Court of the State of New York · 1992
- Olejak v. Town of SchodackAppellate Division of the Supreme Court of the State of New York · 2002
- J. M. Heinike Associates, Inc. v. Ransom Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
1 more not listed; retrieve them via the Exa API.