Legal Opinion
Athanasiou v. Esposito
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 1995PublishedCited by 5 opinions
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Smyk, J.), entered August 30, 1993 in Broome County, which dismissed plaintiffs’ action for failure to file and serve a note of issue.
On January 12, 1993, the Chief Clerk of the Supreme Court in Broome County mailed plaintiffs’ attorney a letter advising him that a note of issue had to be filed within 30 days or this matter would be stricken from the calendar. Thereafter, plaintiffs’ time to file was extended to June 1, 1993. On that date, plaintiffs filed a note of issue and certificate of readiness with the Broome County Clerk but did not serve…
2Cases cited8 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. MezonNew York Court of Appeals · 1992
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
- Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
- Balancio v. American Optical Corp.New York Court of Appeals · 1985
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3Cited by5 opinions
- Ross v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1996
- Schwartz v. NathansonAppellate Division of the Supreme Court of the State of New York · 1999
- General Accident Fire & Life Assurance Corp. v. North American Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Monahan v. PressmanAppellate Division of the Supreme Court of the State of New York · 1997
- Baczkowski v. D.A. Collins Construction Co.Appellate Division of the Supreme Court of the State of New York · 1996