From Casetext: Smarter Legal Research

Lyon v. Tomczyk

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1004 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

Appeal from the Supreme Court, Niagara County, DiFlorio, J.

Present — Doerr, J.P., Denman, Green, Pine and Schnepp, JJ.


Order insofar as appealed from unanimously reversed on the law, without costs and motion denied. Memorandum: The court erred in vacating an order of dismissal pursuant to CPLR 3404 since there was neither an affidavit of merit nor an adequate excuse for the lengthy delay (see, Fluman v TSS Dept. Stores, 100 A.D.2d 838).


Summaries of

Lyon v. Tomczyk

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1004 (N.Y. App. Div. 1986)
Case details for

Lyon v. Tomczyk

Case Details

Full title:LAWRENCE LYON et al., Respondents, v. MARY TOMCZYK, Defendant, and NEW…

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

Date published: Nov 10, 1986

Citations

124 A.D.2d 1004 (N.Y. App. Div. 1986)