Kilmarx v. Nemecek

Appellate Division of the Supreme Court of New York

Kilmarx v. Nemecek

2 A.D.2d 670, 152 N.Y.S.2d 621, 1956 N.Y. App. Div. LEXIS 4918

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

DecidedJune 19, 1956

StatusPublished

This text of 2 A.D.2d 670 (Kilmarx v. Nemecek) 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

Kilmarx v. Nemecek, 2 A.D.2d 670, 152 N.Y.S.2d 621, 1956 N.Y. App. Div. LEXIS 4918 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, the motion granted, and judgment is directed to be entered in favor of the defendant Nemecek dismissing the complaint herein, with costs. There is insufficient showing of excuse for the failure to prosecute [671]*671and there is no affidavit of merits by the plaintiff. Settle order on notice. Concur — Peck, P. J., Breitel, Frank and Valente, JJ.

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Order unanimously reversed, with $20 costs and disbursements to the appellant, the motion granted, and judgment is directed to be entered in favor of the defendant Nemecek dismissing the complaint herein, with costs. There is insufficient showing of excuse for the failure to prosecute [671]*671and there is no affidavit of merits by the plaintiff. Settle order on notice. Concur — Peck, P. J., Breitel, Frank and Valente, JJ.

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Bluebook (online)

2 A.D.2d 670, 152 N.Y.S.2d 621, 1956 N.Y. App. Div. LEXIS 4918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilmarx-v-nemecek-nyappdiv-1956.