Lopez v. Pathmark Supermarket, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages, inter alia, for false arrest, the defendant Pathmark Supermarket, Inc., appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated September 5, 1995, which denied its motion to dismiss the complaint for want of prosecution.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
"CPLR 3216 'provides a party confronted with a less than diligent adversary with a means to expedite the prosecution of the action by serving upon him a written demand that he file a note of issue within 90…
2Cases cited9 opinions
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
- Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1988
- Wilson v. NembhardtAppellate Division of the Supreme Court of the State of New York · 1992
- Markarian v. HundertAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by14 opinions
- Burke v. KleinAppellate Division of the Supreme Court of the State of New York · 2000
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- Allone v. University Hospital of New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Katina, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
- Brady v. Benenson Capital Co.Appellate Division of the Supreme Court of the State of New York · 2003
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