Saving v. Guido
Cases that cite this one
4 later published cases cite this decision.
- Groves v. City of Newburgh (Appellate Division of the Supreme Court of New York 1987)
- Creegan v. Mazella (Appellate Division of the Supreme Court of New York 1986)
- Gilligan v. Miller (Appellate Division of the Supreme Court of New York 1984)
- Santucci v. Pearsall (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Appeal by defendant from an order of the Supreme Court, Suffolk County, dated July 7, 1980, which denied his motion to dismiss the action for failure to prosecute. Order reversed, on the law, without costs or disbursements, motion granted, and complaint dismissed. A party opposing a motion pursuant to CPLR 3216 to dismiss an action must include, inter alia, an affidavit of merits (see Keating v Smith, 20 AD2d 141; Sortino v Fisher, 20 AD2d 25). Plaintiff’s failure to include such an affidavit among her papers necessitates the granting of this motion. Mangano, J. P., Rabin, Hargett and Weinstein, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.