Grossman v. Hewman Improvement Corp.

Appellate Division of the Supreme Court of New York

Grossman v. Hewman Improvement Corp.

1 A.D.2d 835, 148 N.Y.S.2d 514

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

DecidedFebruary 14, 1956

StatusPublished

This text of 1 A.D.2d 835 (Grossman v. Hewman Improvement Corp.) 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

Grossman v. Hewman Improvement Corp., 1 A.D.2d 835, 148 N.Y.S.2d 514 (N.Y. Ct. App. 1956).

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Opinion

Appeal from an order granting respondent’s motion to open his default in appearing on June 6, 1955, in opposition to a motion to dismiss the complaint for failure to prosecute, and setting aside the order dismissing the complaint on such default. Order reversed, without costs, and motion denied. It was an improvident exercise of discretion to grant the motion. Respondent failed to show merit to the action or an excuse for the unreasonable delay in its prosecution. Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Appeal from an order granting respondent’s motion to open his default in appearing on June 6, 1955, in opposition to a motion to dismiss the complaint for failure to prosecute, and setting aside the order dismissing the complaint on such default. Order reversed, without costs, and motion denied. It was an improvident exercise of discretion to grant the motion. Respondent failed to show merit to the action or an excuse for the unreasonable delay in its prosecution. Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

1 A.D.2d 835, 148 N.Y.S.2d 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grossman-v-hewman-improvement-corp-nyappdiv-1956.