Rosario v. Elishis

Full title: GLADYS ROSARIO, Respondent, v. DAVID ELISHIS et al., Defendants, and ALAN…

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

Date published: Oct 5, 1992

186 A.D.2d 548 (N.Y. App. Div. 1992)

588 N.Y.S.2d 408

Opinion

October 5, 1992

Appeal from the Supreme Court, Kings County (Bellard, J.).

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, including the stroke allegedly suffered by the plaintiff's attorney after service by the appellant of a 90-day notice pursuant to CPLR 3216, we cannot say that the Supreme Court was required to dismiss the complaint unconditionally (see, Capichiano v Montefiore Hosp., 118 A.D.2d 676). Rosenblatt, J.P., Eiber, O'Brien and Ritter, JJ., concur.