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Garcia v New York City Hous. Auth.
2006 NY Slip Op 50115(U) [10 Misc 3d 144(A)]
Decided on February 1, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 1, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ
.

Theresa Garcia, Plaintiff-Appellant, No.570335/05

against

New York City Housing Authority, Defendant-Respondent, -and- The City of New York, Defendant.


Plaintiff appeals from an order of the Civil Court, Bronx County (Larry S. Schachner, J.), entered October 14, 2004, which granted defendant's motion to dismiss the complaint.


PER CURIAM:
Order (Larry S. Schachner, J.), entered October 14, 2004, affirmed, with $10 costs.

Defendant's motion to dismiss this action, made 10 years after the date of the accident, was properly granted. In seeking to avoid dismissal of the case three years after it had been marked off the calendar, plaintiff failed to demonstrate a reasonable excuse for the delay, a lack of intent to abandon the action and an absence of prejudice to defendant (see 22 NYCRR 208.14[c]; Chavez v 407 Seventh Avenue Corp., 10 Misc 3d 33 [2005]). Moreover, in the procedural posture of this case, defendant was not required to serve a 90-day notice pursuant to CPLR 3216.

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: February 01, 2006