Atlantic Beach Park District v. Nautilus Management Corp.

Appellate Division of the Supreme Court of New York

Atlantic Beach Park District v. Nautilus Management Corp.

19 A.D.2d 887, 244 N.Y.S.2d 659, 1963 N.Y. App. Div. LEXIS 2996

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1963

StatusPublished

This text of 19 A.D.2d 887 (Atlantic Beach Park District v. Nautilus Management Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atlantic Beach Park District v. Nautilus Management Corp., 19 A.D.2d 887, 244 N.Y.S.2d 659, 1963 N.Y. App. Div. LEXIS 2996 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a negligence action, the defendant appeals from an order of the Supreme Court, Nassau County, dated June 24, 1963, which granted plaintiff’s motion: (a) to vacate a prior order of said court dismissing the action for lack of prosecution and failure to serve a complaint; and (b) to permit the plaintiff to serve its complaint. Order reversed, without costs, and motion denied. On this record, we believe the Special Term improvidently exercised its discretion in vacating the prior dismissal of the action, since: (1) plaintiff did not offer an acceptable excuse for the 30-month delay in serving a complaint; and (2) defendant established, prima facie, prejudice to it by reason of such delay. Beldock, P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In a negligence action, the defendant appeals from an order of the Supreme Court, Nassau County, dated June 24, 1963, which granted plaintiff’s motion: (a) to vacate a prior order of said court dismissing the action for lack of prosecution and failure to serve a complaint; and (b) to permit the plaintiff to serve its complaint. Order reversed, without costs, and motion denied. On this record, we believe the Special Term improvidently exercised its discretion in vacating the prior dismissal of the action, since: (1) plaintiff did not offer an acceptable excuse for the 30-month delay in serving a complaint; and (2) defendant established, prima facie, prejudice to it by reason of such delay. Beldock, P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 887, 244 N.Y.S.2d 659, 1963 N.Y. App. Div. LEXIS 2996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-beach-park-district-v-nautilus-management-corp-nyappdiv-1963.