Brown v. Golub Corp.
This text of 178 A.D.2d 988 (Brown v. Golub Corp.) 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.
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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Cite This Page — Counsel Stack
178 A.D.2d 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-golub-corp-nyappdiv-1991.