CHASE v. SCAVUZZO


87 N.Y.2d 228 (1995)

661 N.E.2d 1368

638 N.Y.S.2d 587

Sydney J. Chase, Appellant, v. Julius J. Scavuzzo et al., Doing Business as Scavuzzo & Hart, Respondents.

Court of Appeals of the State of New York.

Decided December 28, 1995.


Attorney(s) appearing for the Case

Hal Ian Wolsky, Garden City, for appellant.

Julius J. Scavuzzo, Mineola, respondent pro se, and for another, respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

The issue presented by this appeal is whether the Appellate Division erred in dismissing plaintiff's complaint for general delay even though defendants failed to serve plaintiff with a 90-day demand to file and serve a note of issue as required by CPLR 3216. We reverse the order of the Appellate Division, to the extent appealed from.

The Present Case

Plaintiff commenced an action for...

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