Caldwell v. Consol. Edison Co., of New York

Full title: EMMETT W. CALDWELL, Appellant, v. CONSOLIDATED EDISON CO. OF NEW YORK…

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

Date published: Oct 26, 1993

197 A.D.2d 464 (N.Y. App. Div. 1993)

604 N.Y.S.2d 709

Opinion

October 26, 1993

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

This personal injury action had been pending for at least 11 years at the time the 90-day notice was served, without significant activity for the preceding 6 years. Neither this general delay, nor the failure to file a note of issue within 90 days, is adequately explained. Nor do plaintiff's many submissions persuade us that he has a meritorious cause of action.

Concur — Rosenberger, J.P., Wallach, Kupferman and Nardelli, JJ.