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Monteferrante v. New York City Fire Department

421 N.E.2d 118, 53 N.Y.2d 653, 438 N.Y.S.2d 998, 1981 N.Y. LEXIS 2314
CourtNew York Court of Appeals
DecidedMarch 26, 1981
StatusPublished
Cited by2 cases

This text of 421 N.E.2d 118 (Monteferrante v. New York City Fire Department) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monteferrante v. New York City Fire Department, 421 N.E.2d 118, 53 N.Y.2d 653, 438 N.Y.S.2d 998, 1981 N.Y. LEXIS 2314 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The court determined that defendant Uniformed Firefighters Association’s motion pursuant to CPLR 3216 to dismiss the complaint against it (for plaintiff’s failure to serve and file a note of issue within 90 days following demand) should have been granted. That determination was made, inter alia, in the exercise of discretion. On this record that determination did not constitute an" abuse of discretion nor was it otherwise affected by an error of law.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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Bluebook (online)
421 N.E.2d 118, 53 N.Y.2d 653, 438 N.Y.S.2d 998, 1981 N.Y. LEXIS 2314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monteferrante-v-new-york-city-fire-department-ny-1981.