Appellate Division of the Supreme Court of New York, 1989

McLennan v. County of Erie

McLennan v. County of Erie
Appellate Division of the Supreme Court of New York · Decided October 6, 1989
154 A.D.2d 909; 546 N.Y.S.2d 989; 1989 N.Y. App. Div. LEXIS 12893
McLennan v. County of Erie

Opinion of the Court

Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Since plaintiff did not provide a reasonable excuse for her failure to comply with defendant’s demand that she file a note of issue within 90 days, the trial court abused its discretion in denying defendant’s motion to dismiss the complaint (see, CPLR 3216 [e]; Mason v Simmons, 139 AD2d 880; Alise v Colapietro, 119 AD2d 921; MacLeod v Nolte, 106 AD2d 860). (Appeal from order of Supreme Court, Erie County, Kubiniec, J. — dismiss complaint.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.

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