AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

JEAN MARIE DI SIMONE, ETC., respondent, v. GOOD SAMARITAN HOSPITAL, ET AL., appellants, ET AL., defendants.

ORDERED that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motions are granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

Having been served with 90-day notices pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the notices by filing a note of issue or by moving, before the default date, to either vacate the notices or extend the 90-day period (see, Hayden v. Jones, 244 A.D.2d 316). The plaintiff failed to do so. Accordingly, to avoid dismissal, the plaintiff was required to demonstrate both a justifiable excuse for the delay in properly responding to the 90-day notice and the existence of a meritorious cause of action (see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499; Gourdet v. Hershfeld, 277 A.D.2d 422). The plaintiff did not satisfy either requirement and, therefore, the appellants' motions should have been granted.

KRAUSMAN, J.P., McGINITY, H. MILLER and SMITH, JJ., concur.

Use AI to get other relevant cases.

Comments

DI SIMONE v. GOOD SAMARITAN HOSP
(Nov 13, 2001)