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SCHNEIDER v. COOKSON AMERICA, INC.

267 A.D.2d 998 (1999)

700 N.Y.S.2d 886

ALFRED SCHNEIDER, Appellant, v. COOKSON AMERICA, INC., Doing Business as ALPHAMETALS, Respondent and Third-Party Plaintiff. THERMO-O-DISC, INC., Third-Party Defendant-Respondent.

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

Decided December 30, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting defendant's motion to dismiss the complaint based on plaintiff's failure to file a note of issue and statement of readiness pursuant to defendant's demand or to comply with the court's scheduling order. In response to the motion, plaintiff failed to offer a reasonable excuse for the failure to file the note of issue and failed to submit an affidavit...

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