Aalbue v. Flaherty

Full title: RICHARD AALBUE et al., Appellants, v. BOB FLAHERTY et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 7, 1994

202 A.D.2d 381 (N.Y. App. Div. 1994)

608 N.Y.S.2d 514

Opinion

March 7, 1994

Appeal from the Supreme Court, Nassau County (Becker, J.).

Ordered that the order is affirmed, with costs.

The plaintiff submitted no affidavit of merit in opposition to the motions by the defendants to dismiss pursuant to CPLR 3216 for failure to timely file a note of issue. Dismissal of the complaint was therefore warranted (see, CPLR 3216 [e]; Sortino v. Fisher, 20 A.D.2d 25). Dismissal of the complaint insofar as asserted against the defendants Bob Flaherty and Bob Flaherty, Inc., for failure to comply with a disclosure order was also appropriate (see, CPLR 3126 [b] [3]). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.