Mckinney v. Corby
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Golia, J.), dated August 14, 2001, as denied his cross motion to dismiss the complaint pursuant to CPLR 3216.
Ordered that the order is reversed insofar as appealed from, *581on the law, with costs, the cross motion is granted, and the complaint is dismissed.
CPLR 3216 provides a party confronted with a less than diligent adversary with a means to expedite the prosecution of the action by serving upon him or her a written demand that…
2Cases cited3 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
- Flomenhaft v. BaronAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by18 opinions
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Sanchez v. SerjeAppellate Division of the Supreme Court of the State of New York · 2010
- Huger v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Benitez v. Mutual of America Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- C&S Realty, Inc. v. SoloffAppellate Division of the Supreme Court of the State of New York · 2005
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