Tremblay v. McCabe

Appellate Division of the Supreme Court of New York

Tremblay v. McCabe

88 A.D.2d 788, 451 N.Y.S.2d 535, 1982 N.Y. App. Div. LEXIS 17050

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 1982·Published

Opinion

— Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Plaintiff has failed to make any showing of merit to his action or advance any reasonable excuse for the failure to file a note of issue and a certificate of readiness and the court abused its discretion in denying defendant’s motion to dismiss. (Appeal from order of Supreme Court, Erie County, Mattina, J. — dismiss complaint.) Present — Simons, J. P., Doerr, Denman, Boomer and Moule, JJ.

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— Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Plaintiff has failed to make any showing of merit to his action or advance any reasonable excuse for the failure to file a note of issue and a certificate of readiness and the court abused its discretion in denying defendant’s motion to dismiss. (Appeal from order of Supreme Court, Erie County, Mattina, J. — dismiss complaint.) Present — Simons, J. P., Doerr, Denman, Boomer and Moule, JJ.

Tremblay v. McCabe, 88 A.D.2d 788, 451 N.Y.S.2d 535, 1982 N.Y. App. Div. LEXIS 17050 (N.Y. Ct. App. 1982).

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88 A.D.2d 788 (Tremblay v. McCabe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.