Legal Opinion
Baczkowski v. D.A. Collins Construction Co.
New York Court of Appeals
Decided March 20, 1997PublishedCited by 231 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARIGK, J.
The Appellate Division dismissed plaintiff’s complaint for neglect to prosecute pursuant to CPLR 3216. The question on appeal is whether plaintiff proffered a justifiable excuse for past delay and for failing to file a note of issue within 90 days after receiving a demand to do so from defendant. We hold that plaintiff failed to tender a justifiable excuse and, accordingly, the Appellate Division properly dismissed plaintiff’s complaint.
This action stems from construction-site injuries sustained by plaintiff on November 18, 1986. Plaintiff was operating a truck…
2Cases cited5 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Chase v. ScavuzzoNew York Court of Appeals · 1995
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
- Lichter v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Neyra y Alba v. Pelham Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
3Cited by231 opinions
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- Arch Bay Holdings, LLC v. AlbaneseAppellate Division of the Supreme Court of the State of New York · 2017
- Fenner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
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