Walker v. Village of Freeport

Appellate Division of the Supreme Court of New York

Walker v. Village of Freeport

200 A.D.2d 739, 608 N.Y.S.2d 865, 1994 N.Y. App. Div. LEXIS 775

Appellate Division of the Supreme Court of the State of New York·Decided January 31, 1994·Published

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated December 3, 1991, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to show a good and meritorious cause of action or a justifiable excuse for the delay in filing a note of issue, the court did not err in granting the defendant’s motion to dismiss the complaint for want of prosecution (see, [740]*740CPLR 3216 [e]). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated December 3, 1991, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to show a good and meritorious cause of action or a justifiable excuse for the delay in filing a note of issue, the court did not err in granting the defendant’s motion to dismiss the complaint for want of prosecution (see, [740]*740CPLR 3216 [e]). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

Walker v. Village of Freeport, 200 A.D.2d 739, 608 N.Y.S.2d 865, 1994 N.Y. App. Div. LEXIS 775 (N.Y. Ct. App. 1994).

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200 A.D.2d 739 (Walker v. Village of Freeport) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.