Legal Opinion

Mehta v. Chugh

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 2012Published

1Opinion of the Court

The court improperly dismissed the complaint on the ground that plaintiff defied the court’s order to serve and file a note of issue. Although court orders may constitute a “written demand” to serve and file a note of issue under CPLR 3216 (b) (3) (see e.g. Basile v Chhabra, 24 AD3d 149, 150 [1st Dept 2005]), the March 2011 order here, which directed that the note of issue be filed by April 22, 2011, did not give plaintiff the required 90 days to serve and file a note of issue, or contain a statement that failure to timely do so would serve as a basis for a motion to dismiss (see CPLR 3216…

2Cases cited4 opinions

  1. Healy v. ARP Cable, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Armstrong v. B.R. Fries & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. New v. Scores Entertainment, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Basile v. ChhabraAppellate Division of the Supreme Court of the State of New York · 2005

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