Marro v. Bowler

Appellate Division of the Supreme Court of New York

Marro v. Bowler

170 A.D.2d 947

Appellate Division of the Supreme Court of the State of New York·Decided February 1, 1991·Published·Cited by 1 cases

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed plaintiff’s complaint pursuant to CPLR 3216. Plaintiff failed to tender evidentiary facts demonstrating that he has a meritorious cause of action (see, Alise v Colapietro, 119 AD2d 921; MacLeod v Nolte, 106 AD2d 860) and to provide a reasonable excuse for his failure to comply with defendants’ demands that he file a note of issue within 90 days (see, McLennan v County of Erie, 154 AD2d 909; Mason v Simmons, 139 AD2d 880). (Appeal from Order of Supreme Court, Seneca County, Falvey, J.—Dismiss Action.) Present—Dillon, P. J., Denman, Green, Lawton and Davis, JJ.

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

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed plaintiff’s complaint pursuant to CPLR 3216. Plaintiff failed to tender evidentiary facts demonstrating that he has a meritorious cause of action (see, Alise v Colapietro, 119 AD2d 921; MacLeod v Nolte, 106 AD2d 860) and to provide a reasonable excuse for his failure to comply with defendants’ demands that he file a note of issue within 90 days (see, McLennan v County of Erie, 154 AD2d 909; Mason v Simmons, 139 AD2d 880). (Appeal from Order of Supreme Court, Seneca County, Falvey, J.—Dismiss Action.) Present—Dillon, P. J., Denman, Green, Lawton and Davis, JJ.

Marro v. Bowler, 170 A.D.2d 947 (N.Y. Ct. App. 1991).

Pincite

170 A.D.2d 947 (Marro v. Bowler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related