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Robertson v. House of God

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 884 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Dismiss Pleading.

PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in denying defendants' cross motion to dismiss the complaint pursuant to CPLR 3216 based on plaintiff's failure to file a timely note of issue. Plaintiff established a "good and meritorious cause of action" (CPLR 3216 [e]) and a justifiable excuse for the delay ( see, Feeney v. Benderson Dev. Co., 255 A.D.2d 965; see also, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503).


Summaries of

Robertson v. House of God

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 884 (N.Y. App. Div. 2000)
Case details for

Robertson v. House of God

Case Details

Full title:BESSIE D. ROBERTSON, PLAINTIFF-RESPONDENT, v. THE HOUSE OF GOD WHICH IS…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 884 (N.Y. App. Div. 2000)
718 N.Y.S.2d 919