Appellate Division of the Supreme Court of New York, 1981

Gohery v. Spartan Concrete Corp.

Appellate Division of the Supreme Court of New York · Decided December 28, 1981

85 A.D.2d 678; 445 N.Y.S.2d 512; 1981 N.Y. App. Div. LEXIS 16503

Cases that cite this one

10 later published cases cite this decision.

Reyes-Dobles v. Chaudhry (Appellate Division of the Supreme Court of New York 1991)
Harris v. Resnikoff (Appellate Division of the Supreme Court of New York 1986)
Courell v. Kurzner (Appellate Division of the Supreme Court of New York 1986)
Dolin v. Passero-Scardetta Associates (Appellate Division of the Supreme Court of New York 1985)
Carmichael v. General Electric Co. (Appellate Division of the Supreme Court of New York 1984)
Mosera v. City of New York (Appellate Division of the Supreme Court of New York 1983)
Gray v. Great Southwest Fire Insurance (Appellate Division of the Supreme Court of New York 1983)
In re the Arbitration between Nassau Insurance & Franklin (Appellate Division of the Supreme Court of New York 1982)
Amodeo v. Radler (Appellate Division of the Supreme Court of New York 1982)
Johnson v. Avis Rent a Car Systems, Inc. (Appellate Division of the Supreme Court of New York 1982)

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

In a negligence action to recover damages for personal injuries, the defendants separately appeal from an order of the Supreme Court, Suffolk County (Wager, J.), dated June 10,1981, which denied their respective motions to dismiss the complaint for failure to comply with the 90-day notice requirements of CPLR 3216, on condition that plaintiff’s attorney personally pay $150 to each of the moving parties. Order reversed insofar as appealed from by defendants Tilles Investment Corp. and Peter Scalamandre & Sons, Inc., on the law, with one bill of $50 costs and disbursements, and the motions of said defendants are granted. Appeal by defendant Spartan Concrete Corp. dismissed, without costs or disbursements. Excuses amounting to “law office failure” are insufficient as a matter of law to excuse a default under CPLR 3216 (see Barasch v Micucci, 49 NY2d 594; Crucilla v Howe *679Richardson Scale Co., 80 AD2d 575). However, defendant Spartan Concrete Corp. waived its right to appeal by accepting the $150 costs awarded under the conditional order of Special Term (see P.H.C., Inc. v Wolf, 24 AD2d 769). Cohalan, J. P., O’Connor, Thompson and Bracken, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.