Garcia v. Sentry-Norden Oil & Heating Co.

Appellate Division of the Supreme Court of New York

Garcia v. Sentry-Norden Oil & Heating Co.

18 A.D.2d 789, 236 N.Y.S.2d 633, 1963 N.Y. App. Div. LEXIS 4613

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

DecidedJanuary 22, 1963

StatusPublished

Cited by1 cases

This text of 18 A.D.2d 789 (Garcia v. Sentry-Norden Oil & Heating Co.) 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

Garcia v. Sentry-Norden Oil & Heating Co., 18 A.D.2d 789, 236 N.Y.S.2d 633, 1963 N.Y. App. Div. LEXIS 4613 (N.Y. Ct. App. 1963).

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Opinion

Order, entered on August 22, 1962, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. Special Term recognized that the delay was inordinate and the excuse offered insufficient. Relief was nevertheless denied because defendant did not show that it was unduly prejudiced. Such a showing is not necessary. The absence of a reasonable excuse for the delay is determinative (Hencken v. Edelman, 15 A D 2d 744). Concur — Botein, P, J., Breitel, Yalente, Eager and Steuer, JJ.

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Order, entered on August 22, 1962, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. Special Term recognized that the delay was inordinate and the excuse offered insufficient. Relief was nevertheless denied because defendant did not show that it was unduly prejudiced. Such a showing is not necessary. The absence of a reasonable excuse for the delay is determinative (Hencken v. Edelman, 15 A D 2d 744). Concur — Botein, P, J., Breitel, Yalente, Eager and Steuer, JJ.

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Bluebook (online)

18 A.D.2d 789, 236 N.Y.S.2d 633, 1963 N.Y. App. Div. LEXIS 4613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-sentry-norden-oil-heating-co-nyappdiv-1963.

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