BARNARD v. TOPS FRIENDLY MKTS.


99 A.D.2d 654 (1984)

Raymond J. Barnard et al., Appellants, v. Tops Friendly Markets et al., Respondents. (Appeal No. 2.)

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

January 27, 1984


Order unanimously affirmed, without costs.

Memorandum:

CPLR 3216 (subd [a]) authorizes a court to dismiss a complaint when it finds that a party has unreasonably neglected to prosecute his claim. It was incumbent upon plaintiff to offer a justifiable excuse for the almost 21-month delay between service of the demand to file a note of issue and the motion to dismiss the action. Plaintiff's offered excuse that there was an appeal pending in a companion cause...

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