MARTINEZ v. BELANGER


186 A.D.2d 40 (1992)

Hipolito Martinez et al., Appellants, v. Keith Belanger, Defendant, and P&M Leasing Corporation, Respondent

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

September 17, 1992


The record shows numerous instances of depositions adjourned at plaintiffs' request over a four-year period leading up to defendants' service of a 90-day demand. After the demand was served, plaintiffs responded to several outstanding discovery requests, but did not file a note of issue or take any other steps to place the action on the calendar. While it is true, as plaintiffs argue, that CPLR 2005 gives the trial courts discretion to excuse delay or default resulting from...

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