Monteferrante v. New York City Fire Dept.

Decision Date26 March 1981
Citation53 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.
CourtNew 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.

MEMORANDUM.

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.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur in memorandum.

Order affirmed.

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2 cases
  • Tierney v. OB-GYN Associates of Ithaca, OB-GYN
    • United States
    • New York Supreme Court — Appellate Division
    • October 29, 1992
    ... ... , 170 A.D.2d 668, 669, 567 N.Y.S.2d 87; Monteferrante v. New York City Fire Dept., 74 A.D.2d 538, 424 N.Y.S.2d ... ...
  • Allstate Ins. Co. v. Seibert
    • United States
    • New York Supreme Court — Appellate Division
    • March 19, 1984
    ... ...         Ernest J. Williams, New York City (Joseph J. Klem, New York City, of counsel), for ... the complaint as to them (see CPLR 3216; Monteferrante v. New York City Fire Dept., 74 A.D.2d 538, 424 N.Y.S.2d ... ...

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