Auraujo v. Hotel Sutton

Appellate Division of the Supreme Court of New York

Auraujo v. Hotel Sutton

7 A.D.2d 989, 183 N.Y.S.2d 966, 1959 N.Y. App. Div. LEXIS 9368

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

DecidedMarch 31, 1959

StatusPublished

This text of 7 A.D.2d 989 (Auraujo v. Hotel Sutton) 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.

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Auraujo v. Hotel Sutton, 7 A.D.2d 989, 183 N.Y.S.2d 966, 1959 N.Y. App. Div. LEXIS 9368 (N.Y. Ct. App. 1959).

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Opinion

Order unanimously modified, on the law and on the facts and in the exercise of discretion so as to grant the motion to dismiss for failure to prosecute unconditionally on the ground that there is lacking an affidavit of merits by« the plaintiffs, with leave, however, to plaintiffs to move to vacate the dismissal, within one year from the date of service of the order herein with notice of entry thereof, upon proper affidavits by parties plaintiff. Except as thus modified, the order is affirmed, with $20 costs and disbursements to defendant-appellant. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Stevens, JJ.

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Order unanimously modified, on the law and on the facts and in the exercise of discretion so as to grant the motion to dismiss for failure to prosecute unconditionally on the ground that there is lacking an affidavit of merits by« the plaintiffs, with leave, however, to plaintiffs to move to vacate the dismissal, within one year from the date of service of the order herein with notice of entry thereof, upon proper affidavits by parties plaintiff. Except as thus modified, the order is affirmed, with $20 costs and disbursements to defendant-appellant. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Stevens, JJ.

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Bluebook (online)

7 A.D.2d 989, 183 N.Y.S.2d 966, 1959 N.Y. App. Div. LEXIS 9368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auraujo-v-hotel-sutton-nyappdiv-1959.