Lauri v. Freeport Union Free School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Mahon, J.), dated October 9, 2009, which denied their motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute, and granted those branches of the plaintiffs’ cross motion which were to extend their time to serve and file a note of issue, and to vacate the defendants’ 90-day notice.
Ordered that the order is affirmed, with costs.
CPLR 3216 is an “extremely forgiving” statute (Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]), which…
2Cases cited7 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
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- Goldstein v. Meadows Redevelopment Co Owners Corp. IAppellate Division of the Supreme Court of the State of New York · 2007
- Amato v. Commack Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
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