COOK v. BLUE RIDGE INS. CO.


198 A.D.2d 795 (1993)

605 N.Y.S.2d 1015

Stephen Cook, Respondent, v. Blue Ridge Insurance Company, Appellant

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

November 19, 1993


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion to dismiss the complaint pursuant to CPLR 3216. In order to defeat defendant's motion, it was incumbent upon plaintiff to show a justifiable excuse for failure to file a note of issue within the 90-day period following defendant's demand, and to establish that he has a meritorious cause of action (see...

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