Drabik v. Valle

Appellate Division of the Supreme Court of New York

Drabik v. Valle

8 A.D.2d 705, 185 N.Y.S.2d 615, 1959 N.Y. App. Div. LEXIS 8656

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

DecidedMay 12, 1959

StatusPublished

This text of 8 A.D.2d 705 (Drabik v. Valle) 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

Drabik v. Valle, 8 A.D.2d 705, 185 N.Y.S.2d 615, 1959 N.Y. App. Div. LEXIS 8656 (N.Y. Ct. App. 1959).

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Opinion

Order unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and defendant’s motion to dismiss the complaint for lack of prosecution is granted, with $10 costs. The clerk is directed to enter judgment accordingly. No adequate excuse was presented for the delay of more than three years to file a note of issue until the motion was made to dismiss. Moreover, coupled with the inadequate excuse is the failure to submit any affidavit of merits by the plaintiff. Under the circumstances, Special Term should have dismissed the complaint unconditionally. Concur — -Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Order unanimously reversed on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and defendant’s motion to dismiss the complaint for lack of prosecution is granted, with $10 costs. The clerk is directed to enter judgment accordingly. No adequate excuse was presented for the delay of more than three years to file a note of issue until the motion was made to dismiss. Moreover, coupled with the inadequate excuse is the failure to submit any affidavit of merits by the plaintiff. Under the circumstances, Special Term should have dismissed the complaint unconditionally. Concur — -Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Bluebook (online)

8 A.D.2d 705, 185 N.Y.S.2d 615, 1959 N.Y. App. Div. LEXIS 8656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drabik-v-valle-nyappdiv-1959.