Barton v. County of Monroe

Appellate Division of the Supreme Court of New York

Barton v. County of Monroe

92 A.D.2d 746, 461 N.Y.S.2d 80, 1983 N.Y. App. Div. LEXIS 17070

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1983·Published·Cited by 3 cases

Opinion

— Order unanimously reversed, without costs, motion granted, and action dismissed. Memorandum: Plaintiff has failed to show a meritorious cause of action and a justifiable excuse for the delay in serving his complaint; therefore, the action must be dismissed. The affidavit of plaintiff’s attorney, who lacked personal knowledge of the facts, was insufficient to establish a meritorious cause of action (Barasch v Micucci, 49 NY2d 594, 600). (Appeal from order of Supreme Court, Monroe County, Curran, J. — dismiss action.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

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— Order unanimously reversed, without costs, motion granted, and action dismissed. Memorandum: Plaintiff has failed to show a meritorious cause of action and a justifiable excuse for the delay in serving his complaint; therefore, the action must be dismissed. The affidavit of plaintiff’s attorney, who lacked personal knowledge of the facts, was insufficient to establish a meritorious cause of action (Barasch v Micucci, 49 NY2d 594, 600). (Appeal from order of Supreme Court, Monroe County, Curran, J. — dismiss action.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

Barton v. County of Monroe, 92 A.D.2d 746, 461 N.Y.S.2d 80, 1983 N.Y. App. Div. LEXIS 17070 (N.Y. Ct. App. 1983).

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