McLennan v. County of Erie
This text of 154 A.D.2d 909 (McLennan v. County of Erie) 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.
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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Cite This Page — Counsel Stack
154 A.D.2d 909, 546 N.Y.S.2d 989, 1989 N.Y. App. Div. LEXIS 12893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclennan-v-county-of-erie-nyappdiv-1989.