Jusino v. Green

Appellate Division of the Supreme Court of New York

Jusino v. Green

46 A.D.2d 679, 360 N.Y.S.2d 59, 1974 N.Y. App. Div. LEXIS 3917

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1974·Published

Opinion

In a personal injury action, defendants appeal from an order of the Supreme Court, Kings County, dated April 17, 1974, which granted plaintiff’s motion to vacate a prior order dismissing the action for failure to serve a complaint. Order reversed, without costs, and motion denied. In our opinion no satisfactory explanation has been offered for plaintiff’s failure to serve a complaint more than three years after the demand therefor (Steuerman v. Feinmam, 19 A D 2d 847; Schwartz v. National Fire Ins. Co. of Hm-tford, 25 A D 2d 727). Martuscello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.

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In a personal injury action, defendants appeal from an order of the Supreme Court, Kings County, dated April 17, 1974, which granted plaintiff’s motion to vacate a prior order dismissing the action for failure to serve a complaint. Order reversed, without costs, and motion denied. In our opinion no satisfactory explanation has been offered for plaintiff’s failure to serve a complaint more than three years after the demand therefor (Steuerman v. Feinmam, 19 A D 2d 847; Schwartz v. National Fire Ins. Co. of Hm-tford, 25 A D 2d 727). Martuscello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.

Jusino v. Green, 46 A.D.2d 679, 360 N.Y.S.2d 59, 1974 N.Y. App. Div. LEXIS 3917 (N.Y. Ct. App. 1974).

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46 A.D.2d 679 (Jusino v. Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.