Herman v. 214 West 39 Street Corp.

Appellate Terms of the Supreme Court of New York

Herman v. 214 West 39 Street Corp.

18 Misc. 2d 238, 192 N.Y.S.2d 516, 1959 N.Y. Misc. LEXIS 3460

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 16, 1959

StatusPublished

This text of 18 Misc. 2d 238 (Herman v. 214 West 39 Street Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herman v. 214 West 39 Street Corp., 18 Misc. 2d 238, 192 N.Y.S.2d 516, 1959 N.Y. Misc. LEXIS 3460 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The order denying defendant’s motion to dismiss the action should be unanimously affirmed, without costs. Order granting plaintiff’s motion to compel defendant to accept service of the complaint unanimously reversed upon the law and the facts, with $10 costs, and taxable disbursements to the defendant, and motion denied with leave to plaintiff, if she be so advised, to make a new application for this relief upon proper papers showing a meritorious cause of action and valid excuse or justification for delay (see Rist v. 234 East 33rd Corp.} 4 AD 2d 867).

The moving papers on plaintiff’s application do not contain an affidavit of merits by plaintiff.

Concur — Pette, Hast and Brown, JJ.

Order affirmed, etc.

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Per Curiam.

The order denying defendant’s motion to dismiss the action should be unanimously affirmed, without costs. Order granting plaintiff’s motion to compel defendant to accept service of the complaint unanimously reversed upon the law and the facts, with $10 costs, and taxable disbursements to the defendant, and motion denied with leave to plaintiff, if she be so advised, to make a new application for this relief upon proper papers showing a meritorious cause of action and valid excuse or justification for delay (see Rist v. 234 East 33rd Corp.} 4 AD 2d 867).

The moving papers on plaintiff’s application do not contain an affidavit of merits by plaintiff.

Concur — Pette, Hast and Brown, JJ.

Order affirmed, etc.

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Bluebook (online)

18 Misc. 2d 238, 192 N.Y.S.2d 516, 1959 N.Y. Misc. LEXIS 3460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herman-v-214-west-39-street-corp-nyappterm-1959.

Opinion

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