Rahman v. Con. Ed. Co. of New York, Inc.

Full title: MUHAMMAD RAHMAN, Plaintiff-Respondent, v. CONSOLIDATED EDISON COMPANY OF…

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

Date published: Feb 8, 2008

2008 N.Y. Slip Op. 50225 (N.Y. App. Term 2008)

Opinion

570223/07.

Decided on February 8, 2008.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered February 5, 2007, which denied its motion to dismiss the complaint.

Order (Geoffrey D. Wright, J.), dated January 2, 2007, affirmed, without costs.

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.

PER CURIAM.

As the motion court properly recognized, defendant's failure to serve a 90-day demand pursuant to CPLR 3216(b)(3) was fatal to its motion to dismiss the complaint for lack of prosecution ( see Carino Italian Style, S.R.L. v Shammah, 226 AD2d 1).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.