Skeet v. Rashid
Skeet v. Rashid
124 A.D.2d 1035; 508 N.Y.S.2d 761; 1986 N.Y. App. Div. LEXIS 62386
Opinion of the Court
Memorandum: Defendants’ motion to dismiss plaintiffs’ complaint is governed by CPLR 3216 (e), which requires plaintiffs to show a justifiable excuse for failing to file a note of issue subsequent to service upon them of a 90-day demand, and a meritorious cause of action. Plaintiffs failed to meet either of these requirements and it was an abuse of discretion for Special Term to deny the motion (MacLeod v Nolte, 106 AD2d 860, 861). (Appeal from order of Supreme Court, Erie County, Gossel, J. —dismiss complaint.) Present — Dillon, P. J., Green, Pine, Balio and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.