Legal Opinion
Duqmaq v. Stewart
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1988PublishedCited by 7 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Levine, J.), entered April 20, 1987, which granted the defendants’ motion to dismiss the action for failure to prosecute.
Ordered that the order is affirmed, with costs
We agree with the Supreme Court that the plaintiffs failed to offer a reasonable excuse for the failure to timely comply with the demand to file a note of issue. Moreover, there was a failure to provide a showing of merits by one with personal knowledge of the facts (see, Midolo v Horner, 131…
2Cases cited3 opinions
- Salch v. ParatoreNew York Court of Appeals · 1983
- Midolo v. HornerAppellate Division of the Supreme Court of the State of New York · 1987
- Seidman v. ShamesAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Sharpe v. OsorioAppellate Division of the Supreme Court of the State of New York · 2005
- Solomon v. RamlallAppellate Division of the Supreme Court of the State of New York · 2005
- Tietz v. BlattAppellate Division of the Supreme Court of the State of New York · 2001
- Garcia v. RoopnarineAppellate Division of the Supreme Court of the State of New York · 2005
- Nitze v. GallagherAppellate Division of the Supreme Court of the State of New York · 1988
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