La Rosa v. Antonacchio

Appellate Division of the Supreme Court of New York

La Rosa v. Antonacchio

39 A.D.2d 582, 332 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 4905

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

DecidedApril 17, 1972

StatusPublished

This text of 39 A.D.2d 582 (La Rosa v. Antonacchio) 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

La Rosa v. Antonacchio, 39 A.D.2d 582, 332 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 4905 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by plaintiff from an order of the Supreme Court, Queens County, dated September 23, 1971, which granted defendant’s motion pursuant to CPLR 3012 (subd. [b]) to dismiss the action for failure to serve a complaint. Order affirmed, with $10 costs and disbursements. In our opinion, plaintiff failed to offer an adequate excuse for failure to serve a complaint for nearly 13 months after a demand therefor (Galanos v. City of New York, 35 A D 2d 829; Klein v. Pompa, 26 A D 2d 815, app. dsmd. 19 N Y 2d 701). Rabin, P. J., Munder, Martuscello, Latham and Benjamin, JJ., concur.

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Appeal by plaintiff from an order of the Supreme Court, Queens County, dated September 23, 1971, which granted defendant’s motion pursuant to CPLR 3012 (subd. [b]) to dismiss the action for failure to serve a complaint. Order affirmed, with $10 costs and disbursements. In our opinion, plaintiff failed to offer an adequate excuse for failure to serve a complaint for nearly 13 months after a demand therefor (Galanos v. City of New York, 35 A D 2d 829; Klein v. Pompa, 26 A D 2d 815, app. dsmd. 19 N Y 2d 701). Rabin, P. J., Munder, Martuscello, Latham and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 582, 332 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 4905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-rosa-v-antonacchio-nyappdiv-1972.