Legal Opinion
Balancio v. American Optical Corp.
New York Court of Appeals
Decided October 24, 1985PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. We cannot say as a matter of law that the Appellate Division abused its discretion. Plaintiff also contends for the first time on appeal that the court lacked subject matter jurisdiction because the demand to file a note of issue was not served by registered or certified mail as the rule requires. He does not dispute that he received actual timely notice of the demand. The failure to serve a CPLR 3216 demand by registered or certified mail…
2Cases cited4 opinions
- Beermont Corp. v. YagerAppellate Division of the Supreme Court of the State of New York · 1970
- Smith v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1980
- Rumrill v. EptingAppellate Division of the Supreme Court of the State of New York · 1982
- Smith v. City of TroyNew York Court of Appeals · 1981
3Cited by22 opinions
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Michaels v. Sunrise Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Felix v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
- Grant v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
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