Skeet v. Rashid

Appellate Division of the Supreme Court of New York

Skeet v. Rashid

124 A.D.2d 1035, 508 N.Y.S.2d 761, 1986 N.Y. App. Div. LEXIS 62386

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1986·Published·Cited by 4 cases

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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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.

Skeet v. Rashid, 124 A.D.2d 1035, 508 N.Y.S.2d 761, 1986 N.Y. App. Div. LEXIS 62386 (N.Y. Ct. App. 1986).

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