Jupiter Express & Cargo Agency, S. A. v. L. & S. Fruit & Produce, Inc.

Appellate Division of the Supreme Court of New York

Jupiter Express & Cargo Agency, S. A. v. L. & S. Fruit & Produce, Inc.

21 A.D.2d 768, 250 N.Y.S.2d 688

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

DecidedJune 16, 1964

StatusPublished

This text of 21 A.D.2d 768 (Jupiter Express & Cargo Agency, S. A. v. L. & S. Fruit & Produce, Inc.) 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

Jupiter Express & Cargo Agency, S. A. v. L. & S. Fruit & Produce, Inc., 21 A.D.2d 768, 250 N.Y.S.2d 688 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on March 4, 1964, denying defendant’s motion to dismiss the complaint for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. No adequate excuse has been given for the delay or for the failure to submit an affidavit of merits. (Sortino v. Fisher, 20 A D 2d 25.) Further, plaintiff has failed to proceed with the commission to take the testimony of its president in Cuba although authorized to do so on June 28, 1962. Concur — Botein, P. J., McNally, Eager, Steuer and Staley, JJ.

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Order, entered on March 4, 1964, denying defendant’s motion to dismiss the complaint for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. No adequate excuse has been given for the delay or for the failure to submit an affidavit of merits. (Sortino v. Fisher, 20 A D 2d 25.) Further, plaintiff has failed to proceed with the commission to take the testimony of its president in Cuba although authorized to do so on June 28, 1962. Concur — Botein, P. J., McNally, Eager, Steuer and Staley, JJ.

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Bluebook (online)

21 A.D.2d 768, 250 N.Y.S.2d 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jupiter-express-cargo-agency-s-a-v-l-s-fruit-produce-inc-nyappdiv-1964.