Kyles v. City of New York

Appellate Division of the Supreme Court of New York

Kyles v. City of New York

262 A.D. 1033, 30 N.Y.S.2d 314, 1941 N.Y. App. Div. LEXIS 7120

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

DecidedOctober 14, 1941

StatusPublished

This text of 262 A.D. 1033 (Kyles v. City of New York) 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

Kyles v. City of New York, 262 A.D. 1033, 30 N.Y.S.2d 314, 1941 N.Y. App. Div. LEXIS 7120 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from an order denying plaintiff’s motion for an order vacating and setting aside the dismissal of the action on February 26, 1940, and to restore the case to the calendar for trial, and from the judgment entered on the dismissal. Order reversed on the law and the facts, without costs, motion granted, judgment of dismissal entered April 24, 1940, vacated, and the case restored to the trial calendar Part I, Queens County, for October 20, 1941, upon condition that within five days from the entry of the order hereon the plaintiffs pay to defendant The City- of New York twenty-five dollars costs; otherwise, order and judgment unanimously affirmed, with ten dollars costs and disbursements. The failure of counsel to attend in court on the day the case was reached was inadvertent, not willful, and the denial of the motion to open the default and vacate the dismissal was not, under the circumstances, a reasonable exercise of discretion; it should have been granted on terms. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order denying plaintiff’s motion for an order vacating and setting aside the dismissal of the action on February 26, 1940, and to restore the case to the calendar for trial, and from the judgment entered on the dismissal. Order reversed on the law and the facts, without costs, motion granted, judgment of dismissal entered April 24, 1940, vacated, and the case restored to the trial calendar Part I, Queens County, for October 20, 1941, upon condition that within five days from the entry of the order hereon the plaintiffs pay to defendant The City- of New York twenty-five dollars costs; otherwise, order and judgment unanimously affirmed, with ten dollars costs and disbursements. The failure of counsel to attend in court on the day the case was reached was inadvertent, not willful, and the denial of the motion to open the default and vacate the dismissal was not, under the circumstances, a reasonable exercise of discretion; it should have been granted on terms. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D. 1033, 30 N.Y.S.2d 314, 1941 N.Y. App. Div. LEXIS 7120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kyles-v-city-of-new-york-nyappdiv-1941.