Kiefner v. Mrozek

Appellate Division of the Supreme Court of New York

Kiefner v. Mrozek

18 A.D.2d 744, 235 N.Y.S.2d 467, 1962 N.Y. App. Div. LEXIS 6184

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

DecidedDecember 28, 1962

StatusPublished

This text of 18 A.D.2d 744 (Kiefner v. Mrozek) 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

Kiefner v. Mrozek, 18 A.D.2d 744, 235 N.Y.S.2d 467, 1962 N.Y. App. Div. LEXIS 6184 (N.Y. Ct. App. 1962).

Pincite

Opinion

This action was commenced October 8, 1955 and went off the calendar by default in 1958. The court at Special Term on April 15, 1960 having dismissed the action for failure to prosecute; and on March 17, 1960 having denied an application to open the calendar default and restore the action to the calendar, a heavy burden rested on the plaintiff to sustain the further application made in January, 1962 to open the calendar default and to permit the action to be continued. No adequate showing was made and the original disposition of dismissal should stand. Order opening the default and restoring the case to the calendar reversed and motion denied, with $10 costs. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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This action was commenced October 8, 1955 and went off the calendar by default in 1958. The court at Special Term on April 15, 1960 having dismissed the action for failure to prosecute; and on March 17, 1960 having denied an application to open the calendar default and restore the action to the calendar, a heavy burden rested on the plaintiff to sustain the further application made in January, 1962 to open the calendar default and to permit the action to be continued. No adequate showing was made and the original disposition of dismissal should stand. Order opening the default and restoring the case to the calendar reversed and motion denied, with $10 costs. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Bluebook (online)

18 A.D.2d 744, 235 N.Y.S.2d 467, 1962 N.Y. App. Div. LEXIS 6184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiefner-v-mrozek-nyappdiv-1962.