Legal Opinion

Chase v. Scavuzzo

New York Court of Appeals

Decided December 28, 1995PublishedCited by 65 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue presented by this appeal is whether the Appellate Division erred in dismissing plaintiff’s complaint for general delay even though defendants failed to serve plaintiff with a 90-day demand to file and serve a note of issue as required by CPLR 3216. We reverse the order of the Appellate Division, to the extent appealed from.

The Present Case

Plaintiff commenced an action for attorneys’ fees earned prior to plaintiff’s suspension from the Bar, and for breach of contract and conversion for defendants’ alleged failure to pay for various law books and…

2Cases cited8 opinions

  1. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  2. Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
  3. Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
  4. Brown v. WeissbergAppellate Division of the Supreme Court of the State of New York · 1964
  5. Commercial Credit Corp. v. Lafayette Lincoln-Mercury, Inc.New York Court of Appeals · 1966

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3Cited by65 opinions

  1. Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
  2. Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Garner v. LatimerAppellate Division of the Supreme Court of the State of New York · 2003
  4. Maspeth Federal Savings & Loan Ass'n v. Simon-ErdanAppellate Division of the Supreme Court of the State of New York · 2009
  5. Safina v. Queens-Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 1997

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