Barretto v. Amsterdam Avenue Realty Corp.

Appellate Division of the Supreme Court of New York

Barretto v. Amsterdam Avenue Realty Corp.

20 A.D.2d 891, 248 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 3908

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

DecidedApril 30, 1964

StatusPublished

Cited by1 cases

This text of 20 A.D.2d 891 (Barretto v. Amsterdam Avenue Realty 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

Barretto v. Amsterdam Avenue Realty Corp., 20 A.D.2d 891, 248 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 3908 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on January 22, 1964, granting conditionally defendant’s motion to dismiss the complaint for lack of prosecution, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of granting motion to dismiss unconditionally, with $10 costs, and, as so modified, affirmed, with $20 costs and disbursements to appellant. [892]*892The action was not commenced until 32 months after the occurrence of the accident. No justifiable excuse is advanced for the long periods that ensued following joinder of issue and the completion of all pretrial procedures. Furthermore, the affidavit of merits submitted by plaintiff is unsatisfactory in that it sets forth vaguely and sketchily the proximate cause of the accident. Concur — Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.

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Order, entered on January 22, 1964, granting conditionally defendant’s motion to dismiss the complaint for lack of prosecution, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of granting motion to dismiss unconditionally, with $10 costs, and, as so modified, affirmed, with $20 costs and disbursements to appellant. [892]*892The action was not commenced until 32 months after the occurrence of the accident. No justifiable excuse is advanced for the long periods that ensued following joinder of issue and the completion of all pretrial procedures. Furthermore, the affidavit of merits submitted by plaintiff is unsatisfactory in that it sets forth vaguely and sketchily the proximate cause of the accident. Concur — Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.

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Bluebook (online)

20 A.D.2d 891, 248 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 3908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barretto-v-amsterdam-avenue-realty-corp-nyappdiv-1964.

Opinion

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