Legal Opinion
Cox v. Edmister
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1986PublishedCited by 8 opinions
1Opinion of the Court
— Order unanimously reversed, on the law, without costs, and motions granted. Memorandum: Our court has been consistent in holding that, to defeat a motion to dismiss pursuant to CPLR 3216, plaintiff must show a justifiable excuse for failure to file a note of issue within the 90-day period and a meritorious cause of action (see, e.g., Highlands Ins. Co. v Maddena Constr. Co., 109 AD2d 1071, 1072; MacLeod v Nolte, 106 AD2d 860; Jones v First Fed. Sav. & Loan Assn., 101 AD2d 1005; Abrams, Kochman, Rathskeller v Esquire Motels, 79 AD2d 879). On this record, plaintiff has failed to show either a…
2Cases cited4 opinions
- MacLeod v. NolteAppellate Division of the Supreme Court of the State of New York · 1984
- Highlands Insurance v. Maddena Construction Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Jones v. First Federal Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
- Foisy v. Penn Aluminum Inc.Appellate Division of the Supreme Court of the State of New York · 1969
3Cited by8 opinions
- Zent v. Board of Education of Cleveland Hill School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Schuman v. Raymond Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Cook v. Blue Ridge InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- John G. Trautwein Fish Co. v. GerlandAppellate Division of the Supreme Court of the State of New York · 1994
- Kennedy v. Henry Holland, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.