Jamaica Buses, Inc. v. Connor

Appellate Division of the Supreme Court of New York

Jamaica Buses, Inc. v. Connor

78 A.D.2d 540, 432 N.Y.S.2d 201, 1980 N.Y. App. Div. LEXIS 12861

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

DecidedSeptember 22, 1980

StatusPublished

Cited by2 cases

This text of 78 A.D.2d 540 (Jamaica Buses, Inc. v. Connor) 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

Jamaica Buses, Inc. v. Connor, 78 A.D.2d 540, 432 N.Y.S.2d 201, 1980 N.Y. App. Div. LEXIS 12861 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action to recover for property damage resulting from a vehicular collision, defendants Frank Connor and Connor Trucking, Inc., appeal from an order of the Supreme Court, Queens County, dated February 26, 1980, which denied their motion to dismiss the action for plaintiff’s failure to serve a timely complaint. Order reversed, on the law, with $50 costs and disbursements, appellants’ motion granted and action dismissed. Plaintiff has failed to satisfy its burden of showing that the delay in the prosecution of its action is excusable and that its claim is meritorious (see Barasch v Micucci, 49 NY2d 594). Furthermore, the acceptance of plaintiff’s complaint when served in accordance with the order herein appealed from did not constitute a waiver of appellants’ right to appeal from such order (see Warren v Baker, 57 AD2d 709, 710). Hopkins, J. P., Mangano and O’Connor, JJ., concur; Weinstein, J., dissents and votes to affirm the order.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover for property damage resulting from a vehicular collision, defendants Frank Connor and Connor Trucking, Inc., appeal from an order of the Supreme Court, Queens County, dated February 26, 1980, which denied their motion to dismiss the action for plaintiff’s failure to serve a timely complaint. Order reversed, on the law, with $50 costs and disbursements, appellants’ motion granted and action dismissed. Plaintiff has failed to satisfy its burden of showing that the delay in the prosecution of its action is excusable and that its claim is meritorious (see Barasch v Micucci, 49 NY2d 594). Furthermore, the acceptance of plaintiff’s complaint when served in accordance with the order herein appealed from did not constitute a waiver of appellants’ right to appeal from such order (see Warren v Baker, 57 AD2d 709, 710). Hopkins, J. P., Mangano and O’Connor, JJ., concur; Weinstein, J., dissents and votes to affirm the order.

Cite This Page — Counsel Stack

Bluebook (online)

78 A.D.2d 540, 432 N.Y.S.2d 201, 1980 N.Y. App. Div. LEXIS 12861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamaica-buses-inc-v-connor-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack