Balancio v. American Optical Corp.

In an action to recover damages for abusive discharge from an at-will employment, prima facie tort, and breach of contractual rights to severance and incentive bonus pay, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered October 28, 1983, as, upon reargument, adhered to its original determination which denied its motion to dismiss the complaint for plaintiff’s failure to file a note of issue within 90 days of its demand pursuant to CPLR 3216.

Order reversed, insofar as appealed from, as a matter of discretion,…