Legal Opinion
Jimenez v. Gamboa
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1997PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant, Ernesto Gamboa, appeals from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated May 6, 1996, as denied his motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant’s motion is granted, and the complaint is dismissed.
"Having been served with a 90-day notice pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the notice by filing a note of issue or by moving,…
2Cases cited4 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Safina v. Queens-Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 1997
- Spierto v. PennisiAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Trust Co. of New Jersey v. GenserAppellate Division of the Supreme Court of the State of New York · 2000
- Forman v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 1999
- Lavi v. Old Cedar Development Corp.Appellate Division of the Supreme Court of the State of New York · 1998