Legal Opinion
176-60 Union Turnpike, Inc. v. Klinger
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for breach of a commercial lease, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Posner, J.), dated June 22, 2000, as denied their cross motion to dismiss the complaint for want of prosecution or, in the alternative, to vacate the note of issue.
Ordered that the order is affirmed insofar as appealed from, with costs.
The period within which to comply with a 90-day demand to resume prosecution is measured from the date of receipt of the demand, rather than from the date of service (see, CPLR 3216…
2Cases cited5 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Juracka v. FerraraAppellate Division of the Supreme Court of the State of New York · 1988
- Public Service Mutual Insurance v. ZuckerAppellate Division of the Supreme Court of the State of New York · 1996
- Indemnity Insurance v. LamendolaAppellate Division of the Supreme Court of the State of New York · 1999
- Murdocca v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- Vasquez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Bank of Am. v. GuillaumeAppellate Division of the Supreme Court of the State of New York · 2019
- Seow v. Yu Dan LiAppellate Division of the Supreme Court of the State of New York · 2003