Brown v. Trustees & Officers of Union Family Medical Fund of Hotel Industry

Appellate Division of the Supreme Court of New York

Brown v. Trustees & Officers of Union Family Medical Fund of Hotel Industry

203 A.D.2d 228, 612 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 3188

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

DecidedApril 4, 1994

StatusPublished

This text of 203 A.D.2d 228 (Brown v. Trustees & Officers of Union Family Medical Fund of Hotel Industry) 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

Brown v. Trustees & Officers of Union Family Medical Fund of Hotel Industry, 203 A.D.2d 228, 612 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 3188 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hurowitz, J.) dated July 9, 1992, as denied their motion, pursuant to CPLR 3012 (b), to dismiss the action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the action is dismissed.

The record fails to support the plaintiff’s contention that the defendants misled her into believing that they intended to settle the matter. Accordingly, the plaintiff has failed to demonstrate a reasonable excuse for her delay of more than three years in serving a complaint (see, Kam Yue Man v Mantione, 174 AD2d 710). Sullivan, J. P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

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—In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hurowitz, J.) dated July 9, 1992, as denied their motion, pursuant to CPLR 3012 (b), to dismiss the action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the action is dismissed.

The record fails to support the plaintiff’s contention that the defendants misled her into believing that they intended to settle the matter. Accordingly, the plaintiff has failed to demonstrate a reasonable excuse for her delay of more than three years in serving a complaint (see, Kam Yue Man v Mantione, 174 AD2d 710). Sullivan, J. P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

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203 A.D.2d 228, 612 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 3188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-trustees-officers-of-union-family-medical-fund-of-hotel-industry-nyappdiv-1994.

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