Legal Opinion
Spilky v. TRW, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1996PublishedCited by 9 opinions
1Opinion of the Court
The plaintiffs commenced this action against the defendant, TRW, Inc. (hereinafter TRW) in September 1987 and issue was joined in October 1987. On March 8, 1994, the court sua sponte directed the plaintiffs to serve and file a note of issue within 90 days, and stated that the failure to comply within 90 days could serve as a basis for dismissal pursuant to CPLR 3216.
As of August 14, 1994, 68 days after the expiration of the 90-day period in which they were to file a note of issue, the *540plaintiffs had yet to file a note of issue. It was only after TRW notified the court of this fact and…
2Cases cited2 opinions
- Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
- Levy v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by9 opinions
- Gallo v. SCG Select Carrier Group, L.P.Appellate Division of the Supreme Court of the State of New York · 2012
- Garofalo v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Gregory v. Ford Motor Credit Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Macancela v. PekurarAppellate Division of the Supreme Court of the State of New York · 2001
- Cangemi v. CassidyAppellate Division of the Supreme Court of the State of New York · 1999
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