Schneider v. Cookson America, Inc.

Appellate Division of the Supreme Court of New York

Schneider v. Cookson America, Inc.

267 A.D.2d 998, 700 N.Y.S.2d 886, 1999 N.Y. App. Div. LEXIS 13739

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1999

StatusPublished

This text of 267 A.D.2d 998 (Schneider v. Cookson America, Inc.) 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.

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Schneider v. Cookson America, Inc., 267 A.D.2d 998, 700 N.Y.S.2d 886, 1999 N.Y. App. Div. LEXIS 13739 (N.Y. Ct. App. 1999).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting defendant’s motion to dismiss the complaint based on plaintiff’s failure to file a note of issue and statement of readiness pursuant to defendant’s demand or to comply with the court’s scheduling order. In response to the motion, plaintiff failed to offer a reasonable excuse for the failure to file the note of issue and failed to submit an affidavit of merit (see, Geise v Wetherill, 238 AD2d 952, 952-953; Jaeger v Spina, 224 AD2d 951, 952; cf., Feeney v Benderson Dev. Corp., 255 AD2d 965, 966). A plaintiff proceeding pro se is not excused from the requirement of submitting an affidavit of merit (see, Yule v Comerford, 140 AD2d 981, 982). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Dismiss Pleading.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting defendant’s motion to dismiss the complaint based on plaintiff’s failure to file a note of issue and statement of readiness pursuant to defendant’s demand or to comply with the court’s scheduling order. In response to the motion, plaintiff failed to offer a reasonable excuse for the failure to file the note of issue and failed to submit an affidavit of merit (see, Geise v Wetherill, 238 AD2d 952, 952-953; Jaeger v Spina, 224 AD2d 951, 952; cf., Feeney v Benderson Dev. Corp., 255 AD2d 965, 966). A plaintiff proceeding pro se is not excused from the requirement of submitting an affidavit of merit (see, Yule v Comerford, 140 AD2d 981, 982). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Dismiss Pleading.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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Bluebook (online)

267 A.D.2d 998, 700 N.Y.S.2d 886, 1999 N.Y. App. Div. LEXIS 13739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-cookson-america-inc-nyappdiv-1999.

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