McLennan v. County of Erie

Appellate Division of the Supreme Court of New York

McLennan v. County of Erie

154 A.D.2d 909, 546 N.Y.S.2d 989, 1989 N.Y. App. Div. LEXIS 12893

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1989·Published·Cited by 4 cases

Opinion

Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Since plaintiff did not provide a reasonable excuse for her failure to comply with defendant’s demand that she file a note of issue within 90 days, the trial court abused its discretion in denying defendant’s motion to dismiss the complaint (see, CPLR 3216 [e]; Mason v Simmons, 139 AD2d 880; Alise v Colapietro, 119 AD2d 921; MacLeod v Nolte, 106 AD2d 860). (Appeal from order of Supreme Court, Erie County, Kubiniec, J. — dismiss complaint.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.

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Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Since plaintiff did not provide a reasonable excuse for her failure to comply with defendant’s demand that she file a note of issue within 90 days, the trial court abused its discretion in denying defendant’s motion to dismiss the complaint (see, CPLR 3216 [e]; Mason v Simmons, 139 AD2d 880; Alise v Colapietro, 119 AD2d 921; MacLeod v Nolte, 106 AD2d 860). (Appeal from order of Supreme Court, Erie County, Kubiniec, J. — dismiss complaint.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.

McLennan v. County of Erie, 154 A.D.2d 909, 546 N.Y.S.2d 989, 1989 N.Y. App. Div. LEXIS 12893 (N.Y. Ct. App. 1989).

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154 A.D.2d 909 (McLennan v. County of Erie) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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