Car-Vel Realty Corp. v. Ginsburg

Appellate Division of the Supreme Court of New York

Car-Vel Realty Corp. v. Ginsburg

8 A.D.2d 948, 190 N.Y.S.2d 447, 1959 N.Y. App. Div. LEXIS 7536

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

DecidedJuly 14, 1959

StatusPublished

This text of 8 A.D.2d 948 (Car-Vel Realty Corp. v. Ginsburg) 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

Car-Vel Realty Corp. v. Ginsburg, 8 A.D.2d 948, 190 N.Y.S.2d 447, 1959 N.Y. App. Div. LEXIS 7536 (N.Y. Ct. App. 1959).

Pincite

Opinion

In a consolidated action (1) to foreclose a second mortgage, and (2) to recover for work, labor and services, the appeal is from an [949]*949order denying appellant’s motion to dismiss the complaint for failure to prosecute on condition that respondent notice the case for the next available Special Term. Order affirmed, with $10 costs and disbursements. The record contains sufficient evidence of appellant’s acquiescence in the delay to justify the disposition below as a valid exercise of the court’s discretion. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.

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In a consolidated action (1) to foreclose a second mortgage, and (2) to recover for work, labor and services, the appeal is from an [949]*949order denying appellant’s motion to dismiss the complaint for failure to prosecute on condition that respondent notice the case for the next available Special Term. Order affirmed, with $10 costs and disbursements. The record contains sufficient evidence of appellant’s acquiescence in the delay to justify the disposition below as a valid exercise of the court’s discretion. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

8 A.D.2d 948, 190 N.Y.S.2d 447, 1959 N.Y. App. Div. LEXIS 7536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/car-vel-realty-corp-v-ginsburg-nyappdiv-1959.