Legal Opinion
Walker v. Town of Lockport
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 1985PublishedCited by 9 opinions
1Opinion of the Court
— Order unanimously reversed, without costs, and appellants’ motions to dismiss granted. Memorandum: It was an abuse of discretion for Special Term to excuse plaintiffs’ failure to comply with defendants’ CPLR 3216 demand to file a note of issue. “In order to defeat a CPLR 3216 motion to dismiss for failure to prosecute, a party must show ‘justifiable excuse for the delay and a good and meritorious cause of action’ (CPLR 3216, subd [e]). The affidavit of merit must contain evidentiary facts which establish a viable cause of action; it must be ‘as good as the kind of affidavit which could…
2Cases cited2 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Jones v. First Federal Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by9 opinions
- Charlotte Lake River Associates v. American InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Franck v. CNY Anesthesia GroupAppellate Division of the Supreme Court of the State of New York · 1991
- Schuman v. Raymond Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- McDonald v. Song Mountain, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Groves v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1987
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