Legal Opinion
Umeze v. Fidelis Care New York
New York Court of Appeals
Decided June 9, 2011No. 179 SSM 19PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendants’ motion to dismiss the complaint pursuant to CPLR 3216 granted unconditionally, and the certified question answered in the negative.
Supreme Court abused its discretion by declining to grant defendants’ motion to dismiss without condition. Plaintiff failed to establish a (1) justifiable excuse for his failure to timely file a note of issue and (2) meritorious cause of action (see CPLR 3216 [e]; see also Baczkowski v Collins Constr. Co., 89 NY2d 499 [1997]).
Chief Judge Lippman and…
2Cases cited1 opinion
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
3Cited by20 opinions
- Jedraszak v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2013
- Turner v. Fuchs, Cooperstein & Greengold, LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Colon v. PapatolisAppellate Division of the Supreme Court of the State of New York · 2012
- Davies v. BaranovichAppellate Division of the Supreme Court of the State of New York · 2011
- Islam v. HPENY Hous. Dev. Fund Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
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