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CALDWELL v. CONSOL. EDISON CO. OF NEW YORK

197 A.D.2d 464 (1993)

604 N.Y.S.2d 709

Emmett W. Caldwell, Appellant, v. Consolidated Edison Co. of New York, Respondent and Third-Party Plaintiff-Respondent. Interboro Asphalt Paging Co. et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1993

This personal injury action had been pending for at least 11 years at the time the 90-day notice was served, without significant activity for the preceding 6 years. Neither this general delay, nor the failure to file a note of issue within 90 days, is adequately explained. Nor do plaintiff's many submissions persuade us that he has a meritorious cause...

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