Monteferrante v. New York City Fire Dept.
Decision Date | 26 March 1981 |
Citation | 53 N.Y.2d 653,438 N.Y.S.2d 998 |
Parties | , 421 N.E.2d 118 Helen MONTEFERRANTE, Appellant, v. NEW YORK CITY FIRE DEPARTMENT et al., Defendants, and Uniform Firefighters Association, Respondent. |
Court | New York Court of Appeals Court of Appeals |
Robert A. Goldstein, New York City, for appellant.
Emilio Nunez and Edward M. Edenbaum, New York City, for respondent.
The order of the Appellate Division, 74 A.D.2d 538, 424 N.Y.S.2d 911, should be affirmed, with costs.
The court determined that defendant Uniformed Firefighters Association's motion pursuant to CPLR 3216 to dismiss the complaint against it (for plaintiff's failure to serve and file a note of issue within 90 days following demand) should have been granted. That determination was made, inter alia, in the exercise of discretion. On this record that determination did not constitute an abuse of discretion nor was it otherwise affected by an error of law.
Order affirmed.
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