Allstate Ins. Co. v Marble Hill Partners, Inc.

[*1] Allstate Ins. Co. v Marble Hill Partners, Inc. 2010 NY Slip Op 50039(U) [26 Misc 3d 130(A)] Decided on January 14, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, JJ
570684/09.

Allstate Insurance Co. a/s/o Roman Posada, Plaintiff-Appellant,

against

Marble Hill Partners, Inc., Defendant-Respondent, -and- Evergreen Modelers, Defendant.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), dated October 7, 2008, which granted defendant-respondent's motion to dismiss the action pursuant to CPLR 3216.

Per Curiam.

Order (Joan M. Kenney, J.), dated October 7, 2008, affirmed, with $10 costs.

In response to defendant-respondent's 90-day demand (see CPLR 3216[b][3]), plaintiff failed to timely serve and file a notice of trial, or move either to vacate the demand or extend the time to comply with it. Moreover, in opposition to defendant-respondent's motion to dismiss the complaint based on plaintiff's failure to respond to the 90-day demand (see CPLR 3216[a]), plaintiff failed to establish the existence of a meritorious cause of action. Accordingly, plaintiff's complaint was properly dismissed (see CPLR 3216[e]; Patterson v St. Luke's-Roosevelt Hosp., 45 AD3d 273 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 14, 2010