Caldwell v. Consolidated Edison Co.

Appellate Division of the Supreme Court of New York

Caldwell v. Consolidated Edison Co.

197 A.D.2d 464, 604 N.Y.S.2d 709, 1993 N.Y. App. Div. LEXIS 9995

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

DecidedOctober 26, 1993

StatusPublished

This text of 197 A.D.2d 464 (Caldwell v. Consolidated Edison Co.) 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

Caldwell v. Consolidated Edison Co., 197 A.D.2d 464, 604 N.Y.S.2d 709, 1993 N.Y. App. Div. LEXIS 9995 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 23, 1992, which, insofar as appealed from, denied plaintiff’s motion to vacate a prior order of the same court and Justice dismissing the action for failure to prosecute on the merits, unanimously affirmed, without costs.

This personal injury action had been pending for at least 11 years at the time the 90-day notice was served, without [465]*465significant activity for the preceding 6 years. Neither this general delay, nor the failure to file a note of issue within 90 days, is adequately explained. Nor do plaintiffs many submissions persuade us that he has a meritorious cause of action. Concur—Rosenberger, J. P., Wallach, Kupferman and Nardelli, JJ.

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

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 23, 1992, which, insofar as appealed from, denied plaintiff’s motion to vacate a prior order of the same court and Justice dismissing the action for failure to prosecute on the merits, unanimously affirmed, without costs.

This personal injury action had been pending for at least 11 years at the time the 90-day notice was served, without [465]*465significant activity for the preceding 6 years. Neither this general delay, nor the failure to file a note of issue within 90 days, is adequately explained. Nor do plaintiffs many submissions persuade us that he has a meritorious cause of action. Concur—Rosenberger, J. P., Wallach, Kupferman and Nardelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

197 A.D.2d 464, 604 N.Y.S.2d 709, 1993 N.Y. App. Div. LEXIS 9995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-consolidated-edison-co-nyappdiv-1993.