Legal Opinion
Terry v. Southern Container
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion to dismiss the complaint pursuant to CPLR 3216. To defeat the motion, plaintiff had to show a justifiable excuse for failure to file a note of issue within the 90-day period and a good and meritorious cause of action (see, CPLR 3216 [e]; Papadopoulas v R.B. Supply Corp., 152 AD2d 552, 553; Highlands Ins. Co. v Maddena Constr. Co., 109 AD2d 1071, 1072). Plaintiff failed to make the required showing (see, Richter v Dunlap, 214 AD2d 983…
2Cases cited7 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Meth v. Maimonides Medical CenterAppellate 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
- Zent v. Board of Education of Cleveland Hill School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Billings v. Berkshire Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by2 opinions
- Middleton v. John Luther & SonAppellate Division of the Supreme Court of the State of New York · 1997
- Richter v. DunlapAppellate Division of the Supreme Court of the State of New York · 1995