Legal Opinion
Davies v. Baranovich
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 2011PublishedCited by 5 opinions
1Opinion of the Court
The plaintiff failed to demonstrate a reasonable excuse for his default in opposing the defendants’ motion pursuant to CPLR 3216 to dismiss the complaint (see Bazoyah v Herschitz, 79 AD3d 1081 [2010]). He also failed to demonstrate a potentially meritorious opposition to the defendants’ motion (id. at 1082), as he failed to “establish a . . . justifiable excuse for his failure to timely file a note of issue and . . . meritorious cause of action” (Umeze v Fidelis Care N.Y., 17 NY3d 751, 751 [2011]; see Gache v Incorporated Vil. of Freeport, 202 AD2d 470, 470-471 [1994]). Accordingly, the…
2Cases cited3 opinions
- Bazoyah v. HerschitzAppellate Division of the Supreme Court of the State of New York · 2010
- Umeze v. Fidelis Care New YorkNew York Court of Appeals · 2011
- Gache v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Jedraszak v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2013
- Belson v. Dix Hills Air Conditioning, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Garcia v. North Shore Long Island Jewish Forest Hills HospitalAppellate Division of the Supreme Court of the State of New York · 2012
- Garcia v. North Shore Long Island Jewish Forest Hills HospitalAppellate Division of the Supreme Court of the State of New York · 2012
- Jedraszak v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2013