Legal Opinion
Palermo v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated September 17, 1998, which denied its motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
After the plaintiff was served with a 90-day demand (see, CPLR 3216j, she had to file a note of issue or move, before the end of the 90-day period, either to vacate the notice or extend the 90-day period (see, Turman v…
2Cases cited5 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Dudley v. SteeseAppellate Division of the Supreme Court of the State of New York · 1996
- Micalizzi v. GomesAppellate Division of the Supreme Court of the State of New York · 1997
- Guang Jing Chen v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- Anjum v. KaragozAppellate Division of the Supreme Court of the State of New York · 2008
- Florestal v. Little Flower Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2004
- Garcia v. RoopnarineAppellate Division of the Supreme Court of the State of New York · 2005
- Kang v. LaGuardia HospitalAppellate Division of the Supreme Court of the State of New York · 2004