March 26, 2010

Motion practice.

Practice point: When served with a 90-day demand, plaintiff must seek an extension to comply, move to vacate the notice, or file a note of issue.

Students should note that law office failure is not a reasonable excuse for the failure to file.

Case: Cadichon v. Facelle, NY Slip Op 02058 (1st Dept. 2010)

The opinion is here.

Monday's issue: Torts.