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

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 1999·Published

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.

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).

Pincite

267 A.D.2d 998 (Schneider v. Cookson America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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