Horner v. City of New York

Appellate Division of the Supreme Court of New York

Horner v. City of New York

16 A.D.2d 765, 228 N.Y.S.2d 322, 1962 N.Y. App. Div. LEXIS 9720

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

DecidedMay 15, 1962

StatusPublished

This text of 16 A.D.2d 765 (Horner v. City of New York) 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

Horner v. City of New York, 16 A.D.2d 765, 228 N.Y.S.2d 322, 1962 N.Y. App. Div. LEXIS 9720 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order entered on July 27, 1961, denying motion to dismiss for lack of prosecution, unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements to appellants, and matter remanded to Special Term for further consideration. While we agree with Special Term that special circumstances were shown sufficient to excuse the delay in prosecution, we find that no sufficient affidavit of merits was submitted. Upon remand plaintiffs will have an opportunity to supply such an affidavit, and the court will then make such disposition as is called for. Concur—Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.

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Order entered on July 27, 1961, denying motion to dismiss for lack of prosecution, unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements to appellants, and matter remanded to Special Term for further consideration. While we agree with Special Term that special circumstances were shown sufficient to excuse the delay in prosecution, we find that no sufficient affidavit of merits was submitted. Upon remand plaintiffs will have an opportunity to supply such an affidavit, and the court will then make such disposition as is called for. Concur—Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

16 A.D.2d 765, 228 N.Y.S.2d 322, 1962 N.Y. App. Div. LEXIS 9720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horner-v-city-of-new-york-nyappdiv-1962.