Bauer v. 873 45th Street Corp.

Appellate Division of the Supreme Court of New York

Bauer v. 873 45th Street Corp.

91 A.D.2d 600, 458 N.Y.S.2d 193, 1982 N.Y. App. Div. LEXIS 19442

Appellate Division of the Supreme Court of the State of New York·Decided December 6, 1982·Published·Cited by 1 cases

Opinion

— Appeal by 873 45th Street Corporation from an order of the Supreme Court, Kings County (Bellard, J.), dated May 20,1982, which denied its motion to vacate a conditional order of preclusion and to compel Irving Bauer to accept its bill of particulars. Order affirmed, with $50 costs and disbursements. Appellant failed to set forth facts showing either a meritorious cause of action or that its inordinate delay in moving to vacate its default was excusable (see Barash v Micucci, 49 NY2d 594; Abramowitz v Berger, 20 AD2d 903; Pakula v Rodin, 66 AD2d 658). Weinstein, J. P., Gulotta, Niehoff and Rubin, JJ., concur.

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— Appeal by 873 45th Street Corporation from an order of the Supreme Court, Kings County (Bellard, J.), dated May 20,1982, which denied its motion to vacate a conditional order of preclusion and to compel Irving Bauer to accept its bill of particulars. Order affirmed, with $50 costs and disbursements. Appellant failed to set forth facts showing either a meritorious cause of action or that its inordinate delay in moving to vacate its default was excusable (see Barash v Micucci, 49 NY2d 594; Abramowitz v Berger, 20 AD2d 903; Pakula v Rodin, 66 AD2d 658). Weinstein, J. P., Gulotta, Niehoff and Rubin, JJ., concur.

Bauer v. 873 45th Street Corp., 91 A.D.2d 600, 458 N.Y.S.2d 193, 1982 N.Y. App. Div. LEXIS 19442 (N.Y. Ct. App. 1982).

Pincite

91 A.D.2d 600 (Bauer v. 873 45th Street Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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