Keogh v. New York Post Corp.

Appellate Division of the Supreme Court of New York

Keogh v. New York Post Corp.

22 A.D.2d 659, 253 N.Y.S.2d 140, 1964 N.Y. App. Div. LEXIS 3069

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

DecidedOctober 20, 1964

StatusPublished

This text of 22 A.D.2d 659 (Keogh v. New York Post Corp.) 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

Keogh v. New York Post Corp., 22 A.D.2d 659, 253 N.Y.S.2d 140, 1964 N.Y. App. Div. LEXIS 3069 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered March 16, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion to dismiss for failure to prosecute granted, with $10 costs. Plaintiff has presented no creditable excuse for the delay of 14 months in serving a complaint. Moreover, the affidavits submitted by plaintiff fail to include an adequate affidavit of merits (cf. Sortino v. Fisher, 20 A D 2d 25, 31). Concur — Breitel, J. P., Valente, Stevens, Eager and Bastow, JJ.

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Order, entered March 16, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion to dismiss for failure to prosecute granted, with $10 costs. Plaintiff has presented no creditable excuse for the delay of 14 months in serving a complaint. Moreover, the affidavits submitted by plaintiff fail to include an adequate affidavit of merits (cf. Sortino v. Fisher, 20 A D 2d 25, 31). Concur — Breitel, J. P., Valente, Stevens, Eager and Bastow, JJ.

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Bluebook (online)

22 A.D.2d 659, 253 N.Y.S.2d 140, 1964 N.Y. App. Div. LEXIS 3069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keogh-v-new-york-post-corp-nyappdiv-1964.