Hermida v. Harris
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered October 28, 2010, which granted the plaintiffs’ motion to restore the action to the active pre-note of issue calendar, and extend the time to file a note of issue.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs’ motion to restore the action to the active pre-note of issue calendar and extend the time to file a note of issue is denied.
In a certification order dated June 25, 2008, the Supreme Court directed the plaintiffs to file a note of issue within 90 days, and warned that the action would be deemed dismissed without further order of the court if the plaintiffs failed to comply with that directive (see CELR 3216). When the plaintiffs failed to serve and file a timely note of issue or move to extend the time within which to serve and file a note of issue, the ac
The Supreme Court improvidently exercised its discretion in granting the plaintiffs’ second motion to restore the matter to the active pre-note of issue calendar and extend the time to file a note of issue, given the lengthy delay in failing to properly file the note of issue, the absence of a reasonable excuse for the delay, and the prejudice to the defendant (see Harrington v Toback, 34 AD3d 640, 640-641 [2006]; Acevedo v DePena, 6 AD3d 636 [2004]). Dillon, J.P., Covello, Balkin, Lott and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.