General
Alfred Schneider, Appellant, v. Cookson America, Inc., Doing Business as Alphametals, Respondent and Third-Party Plaintiff. Thermo-O-Disc, Inc., Third-Party Defendant-Respondent
267 A.D.2d 998700 N.Y.S.2d 886·New York Supreme Court, Appellate Division·1999·NY
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Opinion
Alfred Schneider, Appellant, v Cookson America, Inc., Doing Business as Alphametals, Respondent and Third-Party Plaintiff. Thermo-O-Disc, Inc., Third-Party Defendant-Respondent.
[700 NYS2d 886]
[MAJORITY]
—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting defendant’s motion to dismiss the complaint based on plaintiff’s failure to file a note of issue and statement of readiness pursuant to defendant’s demand or to comply with the court’s scheduling order. In response to the motion, plaintiff failed to offer a reasonable excuse for the failure to file the note of issue and failed to submit an affidavit of merit (see, Geise v Wetherill, 238 AD2d 952, 952-953; Jaeger v Spina, 224 AD2d 951, 952; cf., Feeney v Benderson Dev. Corp., 255 AD2d 965, 966). A plaintiff proceeding pro se is not excused from the requirement of submitting an affidavit of merit (see, Yule v Comerford, 140 AD2d 981, 982). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Dismiss Pleading.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.