Azzoto v. City of Syracuse

Appellate Division of the Supreme Court of New York

Azzoto v. City of Syracuse

176 A.D.2d 1197

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1991

StatusPublished

Cited by1 cases

This text of 176 A.D.2d 1197 (Azzoto v. City of Syracuse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Azzoto v. City of Syracuse, 176 A.D.2d 1197 (N.Y. Ct. App. 1991).

Pincite

Opinion

— Order unanimously reversed on the law without costs, motions and cross motion granted and complaint dismissed. Memorandum: The trial court erred in denying defendants’ motions and defendant Spartan Motors, Inc.’s cross motion to dismiss the complaint for failure to file a note of issue pursuant to CPLR 3216 (b) (3) because plaintiff failed to proffer a reasonable excuse for his neglect in complying with the demand or to show the existence of a good and meritorious cause of action (see, CPLR 3216 [e]; McLennan v County of Erie, 154 AD2d 909; Mason v Simmons, 139 AD2d 880, 881; Alise v Colapietro, 119 AD2d 921). (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Dismiss Complaint.) Present — Callahan, A. P. J., Doerr, Boomer, Green and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order unanimously reversed on the law without costs, motions and cross motion granted and complaint dismissed. Memorandum: The trial court erred in denying defendants’ motions and defendant Spartan Motors, Inc.’s cross motion to dismiss the complaint for failure to file a note of issue pursuant to CPLR 3216 (b) (3) because plaintiff failed to proffer a reasonable excuse for his neglect in complying with the demand or to show the existence of a good and meritorious cause of action (see, CPLR 3216 [e]; McLennan v County of Erie, 154 AD2d 909; Mason v Simmons, 139 AD2d 880, 881; Alise v Colapietro, 119 AD2d 921). (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Dismiss Complaint.) Present — Callahan, A. P. J., Doerr, Boomer, Green and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

176 A.D.2d 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/azzoto-v-city-of-syracuse-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack