Legal Opinion
Pastore v. Golub Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 1992PublishedCited by 18 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Plumadore, J.), entered August 12, 1991 in Saratoga County, which denied defendants’ motion to dismiss the complaint for failure to prosecute.
Defendants contend that Supreme Court erred in denying their motion to dismiss the complaint for plaintiffs’ failure to comply with the 90-day demand to file a note of issue (CPLR 3216). According to defendants, the motion should have been granted because plaintiffs, who did not move before default to vacate the demand or extend the 90-day period, failed to demonstrate a justifiable excuse and meritorious cause…
2Cases cited3 opinions
- Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1988
- Miskiewicz v. Hartley Restaurant Corp.New York Court of Appeals · 1983
- Nichols v. Agents Service Corp.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by18 opinions
- Lichter v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Reices v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Anderson v. DotenAppellate Division of the Supreme Court of the State of New York · 1992
- Hansel v. LambAppellate Division of the Supreme Court of the State of New York · 1996
- King v. JordanAppellate Division of the Supreme Court of the State of New York · 1997
13 more not listed; retrieve them via the Exa API.