Wasielewski v. Town of Cheektowaga
Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendants’ motion to dismiss the complaint in this negligence action pursuant to CPLR 3216 based upon plaintiffs’ failure to comply with defendants’ 90-day demand to file a note of issue (see, Baczkowski v Collins Constr. Co., 89 NY2d 499, 504-505; Burridge v Gaines, 281 AD2d 967 [decided herewith]; see also, Rowley v Carl Zeiss, Inc., 270 AD2d 835, lv denied 95 NY2d 766; Geise v Wetherill, 238 AD2d 952). In response to defendants’ demand pursuant to CPLR 3216, plaintiffs neither filed a note of issue within 90 days nor moved to vacate the demand or to extend the time within which to file a note of issue. Thus,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.