Legal Opinion
Longacre Corp. v. Better Hospital Equipment Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1996PublishedCited by 29 opinions
1Opinion of the Court
On March 2,1993, the Supreme Court issued an order which, inter alia, stated that counsel for both the plaintiff and the defendants certified that all discovery and pre-trial motions were complete. The court sua sponte directed the plaintiff to serve and file a note of issue within 90 days. The order stated "[flailure to comply within 90 days may serve as a basis for dismissal pursuant to CPLR 3216”. Counsel for both the plaintiff and the defendants signed the order. Under these circumstances, we conclude that the order had the same effect as a 90-day notice (cf., Ameropan Realty Corp. v…
2Cases cited2 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Ameropan Realty Corp. v. Rangeley Lakes Corp.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by29 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Werbin v. LociceroAppellate Division of the Supreme Court of the State of New York · 2001
- Aguilar v. KnutsonAppellate Division of the Supreme Court of the State of New York · 2002
- Safina v. Queens-Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 1997
- Beepat v. JamesAppellate Division of the Supreme Court of the State of New York · 2003
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