Miskiewicz v. Hartley Restaurant Corp.
Cases that cite this one
18 later published cases cite this decision.
- Kurtin v. Cating Rope Works, Inc. (Appellate Division of the Supreme Court of New York 1984)
- Public Service Mutual Insurance v. Zucker (Appellate Division of the Supreme Court of New York 1996)
- Pastore v. Golub Corp. (Appellate Division of the Supreme Court of New York 1992)
- Nichols v. Agents Service Corp. (Appellate Division of the Supreme Court of New York 1987)
- Wainwright v. Elbert Lively & Co. (Appellate Division of the Supreme Court of New York 1984)
- Donnelly v. Pepicelli (N.Y. 1983)
- Kurtin v. Cating Rope Works, Inc. (N.Y. 1983)
- Brady v. Reynolds Printasign Co. (N.Y. 1983)
- Salch v. Paratore (N.Y. 1983)
- Salch v. Paratore (Appellate Division of the Supreme Court of New York 1983)
- Goussous v. Modern Food Market, Inc. (Appellate Division of the Supreme Court of New York 1983)
- Glenbriar Co. v. New York City Conciliation & Appeals Board (Appellate Division of the Supreme Court of New York 1983)
- Nolan v. Keiser (Appellate Division of the Supreme Court of New York 1983)
- Johnson v. Gumer (Appellate Division of the Supreme Court of New York 1983)
- Miskiewicz v. Hartley Restaurant Corp. (Appellate Division of the Supreme Court of New York 1983)
- Highmount Ski Center, Inc. v. Commissioner, State of New York, Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 1983)
- Chase v. Scalici (Appellate Division of the Supreme Court of New York 1983)
- Fort Tryon Nursing Home v. Kavanagh (New York Supreme Court 1983)
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
Memorandum.
The order of the Appellate Division should be reversed, with costs, the case remitted to the Appellate Division, Second Department, for further proceedings with respect to the individual respondents, and the order of Supreme Court, Nassau County, insofar as it denied the motions to dismiss the complaint as to respondent Village of Valley Stream reinstated.
Defendants moved pursuant to CPLR 3216 to dismiss the action because of plaintiffs’ failure to file a note of issue. Special Term denied the motion. The Appellate Division, relying on Barasch v Micucci (49 NY2d 594) and noting that the excuse for the delay proffered by plaintiffs’ counsel was law office failure, reversed “on the law”. It erred in doing so and we therefore remit so that it may reconsider the matter and exercise its discretion.
Insofar as the Appellate Division granted the motion of the defendant Village of Valley Stream to dismiss the action, its order is reversed, the order of Special Term reinstated and defendant village’s motion to dismiss denied. It appears from the record before us that defendant village’s notice of appeal to the Appellate Division was not timely and therefore that court was without jurisdiction.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.