De Rosa v. La Sala

Appellate Division of the Supreme Court of New York

De Rosa v. La Sala

31 A.D.2d 745, 297 N.Y.S.2d 483, 1969 N.Y. App. Div. LEXIS 4787

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

DecidedJanuary 13, 1969

StatusPublished

This text of 31 A.D.2d 745 (De Rosa v. La Sala) 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 Rosa v. La Sala, 31 A.D.2d 745, 297 N.Y.S.2d 483, 1969 N.Y. App. Div. LEXIS 4787 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by defendant La Sala, as limited by his notice of appeal and his brief, from so much of an order of the Supreme Court, Westchester County, dated June 30, 1965, as denied his cross motion to dismiss the complaint for plaintiff’s failure to take proceedings for the entry of judgment within one year of said defendant’s default, pursuant to CPLR 3215 (subd. [e]). Order reversed insofar as appealed from, on the law and the facts, without costs, and complaint dismissed as against defendant La Sala. We find that plaintiff failed to enter judgment within one year of defendant’s default, as is required by CPLR 3215 (subd. [c]), or to prosecute the action [746]*746diligently. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Appeal by defendant La Sala, as limited by his notice of appeal and his brief, from so much of an order of the Supreme Court, Westchester County, dated June 30, 1965, as denied his cross motion to dismiss the complaint for plaintiff’s failure to take proceedings for the entry of judgment within one year of said defendant’s default, pursuant to CPLR 3215 (subd. [e]). Order reversed insofar as appealed from, on the law and the facts, without costs, and complaint dismissed as against defendant La Sala. We find that plaintiff failed to enter judgment within one year of defendant’s default, as is required by CPLR 3215 (subd. [c]), or to prosecute the action [746]*746diligently. Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Bluebook (online)

31 A.D.2d 745, 297 N.Y.S.2d 483, 1969 N.Y. App. Div. LEXIS 4787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-rosa-v-la-sala-nyappdiv-1969.