Amy v. Storey

Appellate Division of the Supreme Court of New York

Amy v. Storey

152 A.D.2d 935, 544 N.Y.S.2d 762, 1989 N.Y. App. Div. LEXIS 16824

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1989·Published

Opinion

Order unanimously reversed on the law with costs and defendants’ motion granted. Memorandum: Inasmuch as plaintiffs failed to demonstrate a justifiable excuse for failing to file a note of issue for more than 11 months after the service of the 90-day demand and for more than six months after the conclusion of the examination before trial, the court should have granted defendants’ motion to dismiss for want of prosecution (see, CPLR 3216). (Appeal from order of Supreme Court, Erie County, Mintz, J. — dismiss action.) Present — Doerr, J. P., Denman, Boomer, Green and Pine, JJ.

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Order unanimously reversed on the law with costs and defendants’ motion granted. Memorandum: Inasmuch as plaintiffs failed to demonstrate a justifiable excuse for failing to file a note of issue for more than 11 months after the service of the 90-day demand and for more than six months after the conclusion of the examination before trial, the court should have granted defendants’ motion to dismiss for want of prosecution (see, CPLR 3216). (Appeal from order of Supreme Court, Erie County, Mintz, J. — dismiss action.) Present — Doerr, J. P., Denman, Boomer, Green and Pine, JJ.

Amy v. Storey, 152 A.D.2d 935, 544 N.Y.S.2d 762, 1989 N.Y. App. Div. LEXIS 16824 (N.Y. Ct. App. 1989).

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152 A.D.2d 935 (Amy v. Storey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.