Conklin v. Physician's Hospital

2 Citing cases

  1. Sapir v. Krause, Inc.

    8 A.D.3d 356 (N.Y. App. Div. 2004)   Cited 7 times

    A case dismissed pursuant to CPLR 3216 may be restored only if the plaintiff can demonstrate both a reasonable excuse for the default in complying with the 90-day notice and that a meritorious action exists ( see Lopez v. Imperial Delivery Serv., 282 A.D.2d 190, 197). The plaintiffs failed to offer a reasonable excuse to justify their lengthy delay after the 90-day notice in moving for leave to file a note of issue ( cf. Conklin v. Physician's Hosp., 237 A.D.2d 401). Accordingly, their motion was properly denied.

  2. Conklin v. Physician's Hospital

    237 A.D.2d 402 (N.Y. App. Div. 1997)

    Ordered that the order is affirmed, without costs or disbursements, for reasons stated in Conklin v Physician's Hosp. ( 237 AD2d 401 [decided herewith]).