Garcia v. Del Pacifico

Appellate Division of the Supreme Court of New York

Garcia v. Del Pacifico

299 A.D.2d 188, 749 N.Y.S.2d 867, 2002 N.Y. App. Div. LEXIS 10736

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

DecidedNovember 12, 2002

StatusPublished

Cited by3 cases

This text of 299 A.D.2d 188 (Garcia v. Del Pacifico) 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

Garcia v. Del Pacifico, 299 A.D.2d 188, 749 N.Y.S.2d 867, 2002 N.Y. App. Div. LEXIS 10736 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about April 9, 2002, which granted defendants’ motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute, and denied plaintiffs’ cross motions as moot, unanimously affirmed, without costs.

The action was properly dismissed for failure to file a note of issue within 90 days of defendants’ CPLR 3216 demand, made in June 1997, or to show a reasonable excuse for the extensive delays in prosecuting the action both before and after such demand (see Baczkowski v Collins Constr. Co., 89 NY2d 499, 503). Further, the IAS court properly held that plaintiffs’ affidavit of merit lacked the necessary detail. Concur — Buckley, J.P., Sullivan, Rubin, Friedman and Gonzalez, JJ.

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Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about April 9, 2002, which granted defendants’ motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute, and denied plaintiffs’ cross motions as moot, unanimously affirmed, without costs.

The action was properly dismissed for failure to file a note of issue within 90 days of defendants’ CPLR 3216 demand, made in June 1997, or to show a reasonable excuse for the extensive delays in prosecuting the action both before and after such demand (see Baczkowski v Collins Constr. Co., 89 NY2d 499, 503). Further, the IAS court properly held that plaintiffs’ affidavit of merit lacked the necessary detail. Concur — Buckley, J.P., Sullivan, Rubin, Friedman and Gonzalez, JJ.

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Bluebook (online)

299 A.D.2d 188, 749 N.Y.S.2d 867, 2002 N.Y. App. Div. LEXIS 10736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-del-pacifico-nyappdiv-2002.

Opinion

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