ROBERTSON v. HOUSE OF GOD WHICH IS THE CHURCH OF THE LIVING GOD THE PILLAR AND GROUND OF THE TRUTH WITHOUT CONTROVERSY, INC.


278 A.D.2d 884 (2000)

718 N.Y.S.2d 919

BESSIE D. ROBERTSON, Respondent, v. HOUSE OF GOD WHICH IS THE CHURCH OF THE LIVING GOD THE PILLAR AND GROUND OF THE TRUTH WITHOUT CONTROVERSY, INC., et al., Appellants.

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

Decided December 27, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in denying defendants' cross motion to dismiss the complaint pursuant to CPLR 3216 based on plaintiff's failure to file a timely note of issue. Plaintiff established a "good and meritorious cause of action" (CPLR 3216 [e]) and a justifiable excuse for the delay (see, Feeney v Benderson Dev. Co., 255 A.D.2d 965; see...

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