Monahan v. Pressman

Appellate Division of the Supreme Court of New York

Monahan v. Pressman

237 A.D.2d 496, 656 N.Y.S.2d 883, 1997 N.Y. App. Div. LEXIS 2873

Appellate Division of the Supreme Court of the State of New York·Decided March 24, 1997·Published·Cited by 2 cases

Opinion

In an action to recover damages for defamation, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated April 12, 1996, as denied his motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant’s motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution was properly denied since the contents of the purported 90-day notice did not comply with the requirements of CPLR 3216 (b) (3) (cf., Athanasiou v Esposito, 212 AD2d 878). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

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In an action to recover damages for defamation, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated April 12, 1996, as denied his motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant’s motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution was properly denied since the contents of the purported 90-day notice did not comply with the requirements of CPLR 3216 (b) (3) (cf., Athanasiou v Esposito, 212 AD2d 878). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

Monahan v. Pressman, 237 A.D.2d 496, 656 N.Y.S.2d 883, 1997 N.Y. App. Div. LEXIS 2873 (N.Y. Ct. App. 1997).

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237 A.D.2d 496 (Monahan v. Pressman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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