Legal Opinion
Richter v. Dunlap
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defen*984dants’ motion. Plaintiff failed to provide a sufficient excuse for her failure to file a note of issue within the 90-day demand period (see, Terry v Southern Container, 214 AD2d 983 [decided herewith]; Franck v CNY Anesthesia Group, 175 AD2d 605; MacLeod v Nolte, 106 AD2d 860; Barnard v Tops Friendly Mkts., 99 AD2d 654), and her attorney’s affidavit, which contained only conclusory allegations of merit, is insufficient to demonstrate a meritorious cause…
2Cases cited6 opinions
- MacLeod v. NolteAppellate Division of the Supreme Court of the State of New York · 1984
- Zent v. Board of Education of Cleveland Hill School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Franck v. CNY Anesthesia GroupAppellate Division of the Supreme Court of the State of New York · 1991
- Barnard v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1984
- Terry v. Southern ContainerAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by2 opinions
- Middleton v. John Luther & SonAppellate Division of the Supreme Court of the State of New York · 1997
- Terry v. Southern ContainerAppellate Division of the Supreme Court of the State of New York · 1995