Appellate Division of the Supreme Court of New York, 1994

Walker v. Village of Freeport

Walker v. Village of Freeport
Appellate Division of the Supreme Court of New York · Decided January 31, 1994
200 A.D.2d 739; 608 N.Y.S.2d 865; 1994 N.Y. App. Div. LEXIS 775
Walker v. Village of Freeport

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated December 3, 1991, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to show a good and meritorious cause of action or a justifiable excuse for the delay in filing a note of issue, the court did not err in granting the defendant’s motion to dismiss the complaint for want of prosecution (see, *740CPLR 3216 [e]). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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