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Spivey v. Bouteureira

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1999
259 A.D.2d 425 (N.Y. App. Div. 1999)

Opinion

March 25, 1999

Appeal from the Supreme Court, New York County (Joan Madden, J.).


Plaintiff's counsel, who claims that he was never told by the court, and never received notice from his calendar service, that the case had been marked off the trial calendar at a pretrial conference at which plaintiff was directed to submit to a further medical examination, has failed to demonstrate a reasonable excuse in passively waiting for the announcement of a trial date for three and a half years without making any kind of inquiry as to the case's status (see, Rodriguez v. Hercules Chem. Co., 228 A.D.2d 319). Defendant's choice not to conduct a further medical examination of plaintiff within the court-ordered time frame, which was very early on in this three and a half-year period, does not excuse plaintiff's subsequent inordinate delay. There being no indication of any litigation activity in the case since the day after the pretrial conference, when plaintiff forwarded certain medical information to defendant in compliance with directives made at the conference, to plaintiff's making of the instant motion three and a half years later, the action was properly dismissed pursuant to CPLR 3404 (see, 179 MacDougal Equities v. North Realty Co., 232 A.D.2d 280).

Concur — Rosenberger, J. P., Tom, Wallach and Mazzarelli, JJ.


Summaries of

Spivey v. Bouteureira

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1999
259 A.D.2d 425 (N.Y. App. Div. 1999)
Case details for

Spivey v. Bouteureira

Case Details

Full title:ISIAH SPIVEY, Appellant, v. JOHN J. BOUTEUREIRA, Respondent

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

Date published: Mar 25, 1999

Citations

259 A.D.2d 425 (N.Y. App. Div. 1999)
687 N.Y.S.2d 150

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