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BACZKOWSKI v. COLLINS CONSTR.

89 N.Y.2d 499 (1997)

678 N.E.2d 460

655 N.Y.S.2d 848

George Baczkowski, Appellant, v. D.A. Collins Construction Company, Inc., Respondent and Third-Party Plaintiff, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 20, 1997.

Attorney(s) appearing for the Case

Grasso, Rodriguez, Grasso & Zyra, Schenectady (Mark A. Juda of counsel), for appellant.

Taylor, Matalavage & Fallon, Albany (Megan Maureen Brown of counsel), for respondent and third-party plaintiff.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

The Appellate Division dismissed plaintiff's complaint for neglect to prosecute pursuant to CPLR 3216. The question on appeal is whether plaintiff proffered a justifiable excuse for past delay and for failing to file a note of issue within 90 days after receiving a demand to do so from defendant. We hold that plaintiff failed to tender a justifiable excuse and, accordingly, the Appellate Division...

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