# Brown v. Golub Corp.

> Appellate Division of the Supreme Court of the State of New York · December 26, 1991 · 178 A.D.2d 988

URL: https://www.frixlaw.com/law-library/cases/5944432

## Case

- **Full name:** Mella Brown v. Golub Corporation, Doing Business as Price Chopper
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 26, 1991
- **Citations:** 178 A.D.2d 988
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5944432

## Opinion text

— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendant’s motion to dismiss plaintiff’s complaint for failure to file a note of issue pursuant to defendant’s demand. Plaintiff failed to establish a justifiable excuse and a meritorious cause of action (see, CPLR 3216 [e]; Sheet v Rashid, 124 AD2d 1035 ; MacLeod v Nolte, 106 AD2d 860, 861 ). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Dismiss Complaint.) Present — Denman, P. J., Doerr, Green, Lawton and Davis, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5944432. Public record. Not legal advice.