Kippen & Company, Inc. v. Stahl

Appellate Division of the Supreme Court of New York

Kippen & Company, Inc. v. Stahl

27 A.D.2d 650, 276 N.Y.S.2d 435, 1967 N.Y. App. Div. LEXIS 4990

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

DecidedJanuary 19, 1967

StatusPublished

This text of 27 A.D.2d 650 (Kippen & Company, Inc. v. Stahl) 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

Kippen & Company, Inc. v. Stahl, 27 A.D.2d 650, 276 N.Y.S.2d 435, 1967 N.Y. App. Div. LEXIS 4990 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered October 7, 1966 denying plaintiff’s motion to dismiss the counterclaims of defendants, Stahl and Canamet, unanimously reversed on the law and the facts, with $30 costs and disbursements to the appellant, and the motion granted, with $10 costs. The record indicates á delay of some 32 months in prosecuting the counterclaims here involved. There is no reasonable or justifiable excuse given for such delay and, accordingly, in the circumstances of this ease the counterclaims should have been dismissed. (Commercial Credit Corp. v. Lafayette Lincoln-Mercury, 17 N Y 2d 367.) Moreover, a sufficient showing of merit has not been made. Concur — Stevens, J. P., Steuer, Capozzoli and Rabin, JJ.

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Order entered October 7, 1966 denying plaintiff’s motion to dismiss the counterclaims of defendants, Stahl and Canamet, unanimously reversed on the law and the facts, with $30 costs and disbursements to the appellant, and the motion granted, with $10 costs. The record indicates á delay of some 32 months in prosecuting the counterclaims here involved. There is no reasonable or justifiable excuse given for such delay and, accordingly, in the circumstances of this ease the counterclaims should have been dismissed. (Commercial Credit Corp. v. Lafayette Lincoln-Mercury, 17 N Y 2d 367.) Moreover, a sufficient showing of merit has not been made. Concur — Stevens, J. P., Steuer, Capozzoli and Rabin, JJ.

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Bluebook (online)

27 A.D.2d 650, 276 N.Y.S.2d 435, 1967 N.Y. App. Div. LEXIS 4990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kippen-company-inc-v-stahl-nyappdiv-1967.