New York Court of Appeals, 1965

Salama v. Cohen

New York Court of Appeals · Decided December 1, 1965

16 N.Y.2d 1058; 213 N.E.2d 461; 266 N.Y.S.2d 131; 1965 N.Y. LEXIS 962

Cases that cite this one

1 later published case cites this decision.

Chase v. Scavuzzo (N.Y. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In each of the above-entitled actions: Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division. A motion to *1060dismiss under CPLB 3216 cannot be granted prior to the filing of a note of issue unless defendant has first served a written demand on the plaintiff to serve and file the note of issue within 45 days in accordance with the terms of the statute. (Cf. Fischer v. Pan Amer. World Airways, 16 N Y 2d 725.)

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Burke, Scilepfi and Bergan.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.