Glatzer v. Woike

Appellate Division of the Supreme Court of New York

Glatzer v. Woike

31 A.D.2d 529, 295 N.Y.S.2d 594, 1968 N.Y. App. Div. LEXIS 2854

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

DecidedNovember 21, 1968

StatusPublished

This text of 31 A.D.2d 529 (Glatzer v. Woike) 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

Glatzer v. Woike, 31 A.D.2d 529, 295 N.Y.S.2d 594, 1968 N.Y. App. Div. LEXIS 2854 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order entered on May 5, 1966 unanimously reversed, on the law and the facts, and the complaint dismissed for failure to prosecute, without costs or disbursements. After joinder of issue on April 30, 1957, and completion of pretrial proceedings by mid-1960, the record shows no action on plaintiff’s part until his response, six days late, to a 45-day notice served on him pursuant to '.CPLR 3216 on February 4,1966. The extraordinary delay is not excused by the fact that defendant had apparently theretofore been without means to satisfy a judgment, nor is there a sufficient demonstration that plaintiff has a meritorious cause of action. Concur—'Botein, P. J., Eager, Capozzoli, McGivem and Rabin, JJ.

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Order entered on May 5, 1966 unanimously reversed, on the law and the facts, and the complaint dismissed for failure to prosecute, without costs or disbursements. After joinder of issue on April 30, 1957, and completion of pretrial proceedings by mid-1960, the record shows no action on plaintiff’s part until his response, six days late, to a 45-day notice served on him pursuant to '.CPLR 3216 on February 4,1966. The extraordinary delay is not excused by the fact that defendant had apparently theretofore been without means to satisfy a judgment, nor is there a sufficient demonstration that plaintiff has a meritorious cause of action. Concur—'Botein, P. J., Eager, Capozzoli, McGivem and Rabin, JJ.

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Bluebook (online)

31 A.D.2d 529, 295 N.Y.S.2d 594, 1968 N.Y. App. Div. LEXIS 2854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glatzer-v-woike-nyappdiv-1968.