De Pasquale v. H. Lewkowitz, Inc.

Appellate Division of the Supreme Court of New York

De Pasquale v. H. Lewkowitz, Inc.

51 A.D.2d 919, 381 N.Y.S.2d 75, 1976 N.Y. App. Div. LEXIS 11593

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

DecidedMarch 9, 1976

StatusPublished

This text of 51 A.D.2d 919 (De Pasquale v. H. Lewkowitz, Inc.) 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

De Pasquale v. H. Lewkowitz, Inc., 51 A.D.2d 919, 381 N.Y.S.2d 75, 1976 N.Y. App. Div. LEXIS 11593 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered October 31, 1975 unanimously modified on the law and in the interests of justice to the extent of granting plaintiffs leave to serve a verified complaint within 10 days after service of a copy of the order to be entered hereon, with notice of entry, on condition that prior to service of the complaint, or simultaneously therewith, plaintiffs pay $40.00 motion costs. Except as so modified, the order appealed from is otherwise affirmed, without costs. In view of the indifferent attitude exhibited by plaintiffs with respect to defendant’s notice of appearance and demand for plaintiffs’ addresses and their failure to respond to defendant’s letter request for the complaint, the denial of defendant’s motion to dismiss this action because of the plaintiffs’ failure to serve their complaint should have been expressly conditioned on their paying the motion costs. Concur—Kupferman, J. P., Murphy, Lupiano, Silverman and Yesawich, JJ.

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Order, Supreme Court, New York County, entered October 31, 1975 unanimously modified on the law and in the interests of justice to the extent of granting plaintiffs leave to serve a verified complaint within 10 days after service of a copy of the order to be entered hereon, with notice of entry, on condition that prior to service of the complaint, or simultaneously therewith, plaintiffs pay $40.00 motion costs. Except as so modified, the order appealed from is otherwise affirmed, without costs. In view of the indifferent attitude exhibited by plaintiffs with respect to defendant’s notice of appearance and demand for plaintiffs’ addresses and their failure to respond to defendant’s letter request for the complaint, the denial of defendant’s motion to dismiss this action because of the plaintiffs’ failure to serve their complaint should have been expressly conditioned on their paying the motion costs. Concur—Kupferman, J. P., Murphy, Lupiano, Silverman and Yesawich, JJ.

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Bluebook (online)

51 A.D.2d 919, 381 N.Y.S.2d 75, 1976 N.Y. App. Div. LEXIS 11593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-pasquale-v-h-lewkowitz-inc-nyappdiv-1976.