Garcia v. New York City Hous. Auth.

Full title: THERESA GARCIA, Plaintiff-Appellant, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Feb 1, 2006

2006 N.Y. Slip Op. 50115 (N.Y. App. Term 2006)

814 N.Y.S.2d 890

Opinion

570335/05.

Decided February 1, 2006.

Plaintiff appeals from an order of the Civil Court, Bronx County (Larry S. Schachner, J.), entered October 14, 2004, which granted defendant's motion to dismiss the complaint.

Order (Larry S. Schachner, J.), entered October 14, 2004, affirmed, with $10 costs.

PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ.

PER CURIAM:

Defendant's motion to dismiss this action, made 10 years after the date of the accident, was properly granted. In seeking to avoid dismissal of the case three years after it had been marked off the calendar, plaintiff failed to demonstrate a reasonable excuse for the delay, a lack of intent to abandon the action and an absence of prejudice to defendant ( see 22 NYCRR 208.14[c]; Chavez v. 407 Seventh Avenue Corp., 10 Misc 3d 33). Moreover, in the procedural posture of this case, defendant was not required to serve a 90-day notice pursuant to CPLR 3216.

This constitutes the decision and order of the court.

I concur.