Skeet v. Rashid
This text of 124 A.D.2d 1035 (Skeet v. Rashid) 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
Memorandum: Defendants’ motion to dismiss plaintiffs’ complaint is governed by CPLR 3216 (e), which requires plaintiffs to show a justifiable excuse for failing to file a note of issue subsequent to service upon them of a 90-day demand, and a meritorious cause of action. Plaintiffs failed to meet either of these requirements and it was an abuse of discretion for Special Term to deny the motion (MacLeod v Nolte, 106 AD2d 860, 861). (Appeal from order of Supreme Court, Erie County, Gossel, J. —dismiss complaint.) Present — Dillon, P. J., Green, Pine, Balio and Lawton, JJ.
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Cite This Page — Counsel Stack
124 A.D.2d 1035, 508 N.Y.S.2d 761, 1986 N.Y. App. Div. LEXIS 62386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skeet-v-rashid-nyappdiv-1986.