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Azzoto v. City of Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1197 (N.Y. App. Div. 1991)

Opinion

October 4, 1991

Appeal from the Supreme Court, Onondaga County, Hayes, J.

Present — Callahan, A.P.J., Doerr, Boomer, Green and Davis, JJ.


Order unanimously reversed on the law without costs, motions and cross motion granted and complaint dismissed. Memorandum: The trial court erred in denying defendants' motions and defendant Spartan Motors, Inc.'s cross motion to dismiss the complaint for failure to file a note of issue pursuant to CPLR 3216 (b) (3) because plaintiff failed to proffer a reasonable excuse for his neglect in complying with the demand or to show the existence of a good and meritorious cause of action (see, CPLR 3216 [e]; McLennan v. County of Erie, 154 A.D.2d 909; Mason v. Simmons, 139 A.D.2d 880, 881; Alise v. Colapietro, 119 A.D.2d 921).


Summaries of

Azzoto v. City of Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1197 (N.Y. App. Div. 1991)
Case details for

Azzoto v. City of Syracuse

Case Details

Full title:RICHARD F. AZZOTO, Respondent, v. CITY OF SYRACUSE et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 4, 1991

Citations

176 A.D.2d 1197 (N.Y. App. Div. 1991)
576 N.Y.S.2d 695

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