Brown v. Golub Corp.

Appellate Division of the Supreme Court of New York

Brown v. Golub Corp.

178 A.D.2d 988

Appellate Division of the Supreme Court of the State of New York·Decided December 26, 1991·Published

Opinion

— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendant’s motion to dismiss plaintiff’s complaint for failure to file a note of issue pursuant to defendant’s demand. Plaintiff failed to establish a justifiable excuse and a meritorious cause of action (see, CPLR 3216 [e]; Sheet v Rashid, 124 AD2d 1035; MacLeod v Nolte, 106 AD2d 860, 861). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Dismiss Complaint.) Present — Denman, P. J., Doerr, Green, Lawton and Davis, JJ.

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— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendant’s motion to dismiss plaintiff’s complaint for failure to file a note of issue pursuant to defendant’s demand. Plaintiff failed to establish a justifiable excuse and a meritorious cause of action (see, CPLR 3216 [e]; Sheet v Rashid, 124 AD2d 1035; MacLeod v Nolte, 106 AD2d 860, 861). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Dismiss Complaint.) Present — Denman, P. J., Doerr, Green, Lawton and Davis, JJ.

Brown v. Golub Corp., 178 A.D.2d 988 (N.Y. Ct. App. 1991).

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