Legal Opinion
Die Matic Products, Inc. v. Flair International Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk *514County (Henry, J.), dated October 12, 2004, which denied its motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.
The record contains proof that the defendant served the plaintiff with a 90-day notice pursuant to CPLR 3216 by certified mail. Having been served with the 90-day notice, the plaintiff was…
2Cases cited7 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Werbin v. LociceroAppellate Division of the Supreme Court of the State of New York · 2001
- Sharpe v. OsorioAppellate Division of the Supreme Court of the State of New York · 2005
- Mckinney v. CorbyAppellate Division of the Supreme Court of the State of New York · 2002
- Truscello v. Olympia Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by2 opinions
- Harrington v. TobackAppellate Division of the Supreme Court of the State of New York · 2006
- CitiMortgage, Inc. v. EtienneAppellate Division of the Supreme Court of the State of New York · 2019