Geller v. Rochambeau Apartments, Inc.

Appellate Division of the Supreme Court of New York

Geller v. Rochambeau Apartments, Inc.

11 A.D.2d 926, 205 N.Y.S.2d 163, 1960 N.Y. App. Div. LEXIS 8204

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

DecidedSeptember 20, 1960

StatusPublished

This text of 11 A.D.2d 926 (Geller v. Rochambeau Apartments, 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

Geller v. Rochambeau Apartments, Inc., 11 A.D.2d 926, 205 N.Y.S.2d 163, 1960 N.Y. App. Div. LEXIS 8204 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order, dated March 28, 1960, granting motion to vacate the dismissal of the action and restoring cause to the calendar for transfer to the City Court, unanimously reversed, on the law, on the facts, and in the exercise of [927]*927discretion, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. Not only was there no justifiable excuse offered for the delay from April, 1958 to March, 1960 (see Malekian v. McLean Trucking Go., 10 A D 2d 825; Fischetti v. 242 East 19th St. Corp., 4 A D 2d 867; Moshman v. City of New York, 3 A D 2d 825), but there was also a failure to present facts indicating a meritorious cause of action (Goulton v. Brittingham., 9 A D 2d 653; Drabik v. Valle, 8 A D 2d 705; Gallagher v. Clafington, Inc., 7 A D 2d 627). Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.

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Order, dated March 28, 1960, granting motion to vacate the dismissal of the action and restoring cause to the calendar for transfer to the City Court, unanimously reversed, on the law, on the facts, and in the exercise of [927]*927discretion, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. Not only was there no justifiable excuse offered for the delay from April, 1958 to March, 1960 (see Malekian v. McLean Trucking Go., 10 A D 2d 825; Fischetti v. 242 East 19th St. Corp., 4 A D 2d 867; Moshman v. City of New York, 3 A D 2d 825), but there was also a failure to present facts indicating a meritorious cause of action (Goulton v. Brittingham., 9 A D 2d 653; Drabik v. Valle, 8 A D 2d 705; Gallagher v. Clafington, Inc., 7 A D 2d 627). Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.

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Bluebook (online)

11 A.D.2d 926, 205 N.Y.S.2d 163, 1960 N.Y. App. Div. LEXIS 8204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geller-v-rochambeau-apartments-inc-nyappdiv-1960.