CHARLOTTE LAKE RIVER ASSOCS. v. AM. INS. CO.


130 A.D.2d 947 (1987)

Charlotte Lake River Associates et al., Plaintiffs, v. American Insurance Company et al., Defendants. (And Third-Party Actions.) Building Systems Housing Corporation, Respondent, v. Federal Pacific Electric Company et al., Appellants. Federal Pacific Electric Company, Third-Party Plaintiff, v. Reliable Electric Company, Third-Party Defendant. (And Three Other Actions.) (Appeal No. 1.)

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

May 22, 1987


Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: In these consolidated actions Special Term erred in granting defendants' motion for dismissal of plaintiff's complaint, pursuant to CPLR 3216, unless plaintiff filed a note of issue and was ready to proceed to trial on or before November 1, 1985. In order to defeat defendants' motion to dismiss, it was incumbent upon plaintiff to show a justifiable...

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