BERMAN v. HAROLD NYE FORD, INC.


280 A.D.2d 308 (2001)

719 N.Y.S.2d 655

THERESA BERMAN, Appellant, v. HAROLD NYE FORD, INC., Respondent et al., Defendant.

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

Decided February 6, 2001.


The action was properly dismissed pursuant to CPLR 3216, plaintiff having failed to show a meritorious cause of action, a reasonable excuse for not having served and filed a note of issue within 90 days of defendant's CPLR 3216 demand, or a reasonable excuse for the extensive past delay in this action, commenced in 1991, in which a May 1993 preliminary conference order directed the filing of a note of issue by May 1994 (see, Baczkowski v Collins Constr. Co.,

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