Harris v. Pathmark Supermarket

Full title: HELEN HARRIS, Respondent, v. PATHMARK SUPERMARKET, Appellant

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

Date published: Feb 7, 1994

201 A.D.2d 457 (N.Y. App. Div. 1994)

609 N.Y.S.2d 800

Opinion

February 7, 1994

Appeal from the Supreme Court, Queens County (Zelman, J.).

Ordered that the order is reversed, on the facts, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

The plaintiff failed to demonstrate a justifiable excuse for the delay in responding to the 90-day demand pursuant to CPLR 3216 (see, Turman v. Amity OBG Assocs., 170 A.D.2d 668). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.