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Reese v. McDaniel

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 329 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


Plaintiff's excuse for failing to comply with defendants' 90-day demand and then for failing to offer an excuse for such noncompliance on his first motion to renew or reargue — that he was incarcerated at all relevant times and did not want to reveal that fact for fear of prejudicing his position in settlement negotiations — is of dubious validity with respect to the original motion to dismiss and of no validity with respect to plaintiff's first motion to renew.

Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.


Summaries of

Reese v. McDaniel

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 329 (N.Y. App. Div. 1996)
Case details for

Reese v. McDaniel

Case Details

Full title:MALCOLM REESE, Appellant, v. CARL E. McDANIEL, Defendant, and MICHAEL E…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 329 (N.Y. App. Div. 1996)
638 N.Y.S.2d 43