Cangemi v. Cassidy
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, etc., the defendant Ryan Cassidy appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated July 13, 1999, which denied his motion to dismiss the complaint insofar as asserted against him pursuant to CPLR 3216.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
It is well settled that when a party is served with a 90-day notice pursuant to CPLR 3216 and fails to…
2Cases cited4 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Simmons v. McSimmons, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Allone v. University Hospital of New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Spilky v. TRW, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Apicella v. Estate of ApicellaAppellate Division of the Supreme Court of the State of New York · 2003
- Walters v. Hoboken Wood Flooring Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Jones v. Hempstead School DistrictAppellate Division of the Supreme Court of the State of New York · 2002