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Phil Collins Construction Inc. v. Hollis

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 736 (N.Y. App. Div. 1998)

Opinion

February 19, 1998

Appeal from the Supreme Court (Demarest, J.).


In view of plaintiff's failure to file a note of issue or to move to extend the period for compliance within 90 days following plaintiff's June 29, 1996 receipt of defendants' demand pursuant to CPLR 3216 (b) (3) and plaintiff's further failure to oppose defendants' dismissal motion with a justifiable excuse and an adequate showing of merit, Supreme Court acted well within its discretion in dismissing the complaint ( see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503; Hogan v. City of Kingston, 243 A.D.2d 981, 982-983). In our view, the fact that Supreme Court had, in February 1996, stayed the action pending plaintiff's joinder of a necessary party does not excuse plaintiff's inaction. Notably, plaintiff has come forward with no justification for its failure to promptly comply with the order directing joinder. In addition, we agree with Supreme Court that plaintiff has failed to establish merit to its claims, asserted against defendant Kirk Hollis, an officer and shareholder of the corporation that dealt with plaintiff. Plaintiff's conclusory allegations concerning Hollis' diversion of trust funds find no competent support in the record.

Cardona, P.J., White, Peters and Carpinello, JJ., concur.

Ordered that the order is affirmed, with costs.


Summaries of

Phil Collins Construction Inc. v. Hollis

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 736 (N.Y. App. Div. 1998)
Case details for

Phil Collins Construction Inc. v. Hollis

Case Details

Full title:PHIL COLLINS CONSTRUCTION INC., Appellant, v. KIRK HOLLIS et al.…

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

Date published: Feb 19, 1998

Citations

247 A.D.2d 736 (N.Y. App. Div. 1998)
668 N.Y.S.2d 511

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