Granville v. R. E. Rappold Trucking Co.

Appellate Division of the Supreme Court of New York

Granville v. R. E. Rappold Trucking Co.

134 A.D.2d 914, 521 N.Y.S.2d 1013, 1987 N.Y. App. Div. LEXIS 51114

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

DecidedNovember 10, 1987

StatusPublished

Cited by2 cases

This text of 134 A.D.2d 914 (Granville v. R. E. Rappold Trucking 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

Granville v. R. E. Rappold Trucking Co., 134 A.D.2d 914, 521 N.Y.S.2d 1013, 1987 N.Y. App. Div. LEXIS 51114 (N.Y. Ct. App. 1987).

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Opinion

— Order unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in denying defendant’s motion to dismiss for want of prosecution. Defendant’s motion is governed by CPLR 3216 (e), which requires plaintiff to provide an affidavit of merit and a justifiable excuse for failing to file a timely note of issue in response to a 90-day demand. Plaintiff failed to make any showing of merit or provide a reasonable excuse and it was an abuse of discretion for Special Term not to have granted defendant’s motion (Skeet v Rashid, 124 AD2d 1035; MacLeod v Nolte, 106 AD2d 860, 861). (Appeal from order of Supreme Court, Erie County, Rath, Jr., J. — dismiss action.) Present — Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.

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— Order unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in denying defendant’s motion to dismiss for want of prosecution. Defendant’s motion is governed by CPLR 3216 (e), which requires plaintiff to provide an affidavit of merit and a justifiable excuse for failing to file a timely note of issue in response to a 90-day demand. Plaintiff failed to make any showing of merit or provide a reasonable excuse and it was an abuse of discretion for Special Term not to have granted defendant’s motion (Skeet v Rashid, 124 AD2d 1035; MacLeod v Nolte, 106 AD2d 860, 861). (Appeal from order of Supreme Court, Erie County, Rath, Jr., J. — dismiss action.) Present — Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.

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Bluebook (online)

134 A.D.2d 914, 521 N.Y.S.2d 1013, 1987 N.Y. App. Div. LEXIS 51114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granville-v-r-e-rappold-trucking-co-nyappdiv-1987.

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