Costanzo v. Schwedler

Appellate Division of the Supreme Court of New York

Costanzo v. Schwedler

14 A.D.2d 814, 221 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 8240

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

DecidedOctober 30, 1961

StatusPublished

This text of 14 A.D.2d 814 (Costanzo v. Schwedler) 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

Costanzo v. Schwedler, 14 A.D.2d 814, 221 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 8240 (N.Y. Ct. App. 1961).

Pincite

Opinion

Defendant’s motion to dismiss was made some 15 months after the joinder of issue. In opposition to the motion, plaintiff submitted only the affidavit of his attorney stating that a bill of particulars and a note of issue had just been served. No affidavit setting forth the merits of the action was submitted; and no attempt was made to explain or justify the delay or to show that it was not unreasonable. In our opinion, upon such a showing there was no basis for the exercise of discretion to deny the motion to dismiss. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Defendant’s motion to dismiss was made some 15 months after the joinder of issue. In opposition to the motion, plaintiff submitted only the affidavit of his attorney stating that a bill of particulars and a note of issue had just been served. No affidavit setting forth the merits of the action was submitted; and no attempt was made to explain or justify the delay or to show that it was not unreasonable. In our opinion, upon such a showing there was no basis for the exercise of discretion to deny the motion to dismiss. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Bluebook (online)

14 A.D.2d 814, 221 N.Y.S.2d 1, 1961 N.Y. App. Div. LEXIS 8240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costanzo-v-schwedler-nyappdiv-1961.