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DECOOK v. BRUNO GMC CORP.

193 Misc.2d 572 (2002)

751 N.Y.S.2d 672

CHARLES DECOOK, Respondent, v. BRUNO G.M.C. TRUCK SALES CORPORATION, Appellant, et al., Defendant. BRUNO G.M.C. TRUCK SALES CORPORATION, Third-Party Plaintiff, v. NEW YORK CITY DEPARTMENT OF SANITATION et al., Third-Party Defendants.

Supreme Court, Appellate Term, Second Department.

September 18, 2002.

Attorney(s) appearing for the Case

Squires, Cordrey & Noble, New York City, and Carol R. Finocchio, New York City (Lisa Comeau of counsel), for appellant and third-party plaintiff.

Oliveri & Schwartz, P.C., New York City, and Jay L.T. Breakstone, Bellmore, for respondent.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by granting defendant's motion to dismiss the complaint; as so modified, affirmed without costs.

After receipt of a 90-day demand pursuant to CPLR 3216, plaintiff failed to comply by either moving to restore the case before the expiration of the 90-day period, or moving to vacate the notice or to extend the 90-day period. Moreover, plaintiff failed to provide a reasonable excuse to justify...

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