Klenotic v. Brush

Appellate Division of the Supreme Court of New York

Klenotic v. Brush

278 A.D. 772, 103 N.Y.S.2d 767, 1951 N.Y. App. Div. LEXIS 4698

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

DecidedApril 9, 1951

StatusPublished

This text of 278 A.D. 772 (Klenotic v. Brush) 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

Klenotic v. Brush, 278 A.D. 772, 103 N.Y.S.2d 767, 1951 N.Y. App. Div. LEXIS 4698 (N.Y. Ct. App. 1951).

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Opinion

Order modified on the law and the facts by striking from the ordering paragraph everything following the' word “default”. As thus modified, the order is affirmed, with $10 costs and disbursements to appellants. More than four years elapsed from the time appellants served their notice of appearance and demand for a copy of the complaint to. the date of the motion to dismiss. Respondents defaulted on the return of the motion. In the absence of explanation for the delay and default, it was an improvident exercise of discretion to make the failure of respondents to serve a complaint within twenty days a condition of granting the motion. (McIntyre v. Branner, 214 App. Div. 145; Fischer V. Tushnett, 256 App. Div. 833; Fletcher v. Goodrich Go., 276 App. Div. 844.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur. [See post, p. 841.]

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Order modified on the law and the facts by striking from the ordering paragraph everything following the' word “default”. As thus modified, the order is affirmed, with $10 costs and disbursements to appellants. More than four years elapsed from the time appellants served their notice of appearance and demand for a copy of the complaint to. the date of the motion to dismiss. Respondents defaulted on the return of the motion. In the absence of explanation for the delay and default, it was an improvident exercise of discretion to make the failure of respondents to serve a complaint within twenty days a condition of granting the motion. (McIntyre v. Branner, 214 App. Div. 145; Fischer V. Tushnett, 256 App. Div. 833; Fletcher v. Goodrich Go., 276 App. Div. 844.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur. [See post, p. 841.]

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Bluebook (online)

278 A.D. 772, 103 N.Y.S.2d 767, 1951 N.Y. App. Div. LEXIS 4698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klenotic-v-brush-nyappdiv-1951.

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