Lancee v. Apartments

Appellate Division of the Supreme Court of New York

Lancee v. Apartments

75 A.D.2d 795, 428 N.Y.S.2d 260, 1980 N.Y. App. Div. LEXIS 11381

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

DecidedMay 29, 1980

StatusPublished

This text of 75 A.D.2d 795 (Lancee v. Apartments) 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

Lancee v. Apartments, 75 A.D.2d 795, 428 N.Y.S.2d 260, 1980 N.Y. App. Div. LEXIS 11381 (N.Y. Ct. App. 1980).

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Opinion

Order, Supreme Court, Bronx County, entered June 11, 1979, [796]*796conditionally granted defendant’s motion to dismiss the action for failure to serve a timely complaint, unanimously reversed to the extent appealed from, on the law, with costs and disbursements, and the motion to dismiss the action granted unconditionally. In the absence of an affidavit of merits and any justification for the failure to serve a complaint in the 29 months since service of a demand therefor, permission to serve a complaint should not have been granted. (Barasch v Micucci, 49 NY2d 594; Boardman v Glissando Enterprises of N. J., 41 AD2d 523.) Concur—Sullivan, J. P., Ross, Lupiano, Silverman and Bloom, JJ.

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Order, Supreme Court, Bronx County, entered June 11, 1979, [796]*796conditionally granted defendant’s motion to dismiss the action for failure to serve a timely complaint, unanimously reversed to the extent appealed from, on the law, with costs and disbursements, and the motion to dismiss the action granted unconditionally. In the absence of an affidavit of merits and any justification for the failure to serve a complaint in the 29 months since service of a demand therefor, permission to serve a complaint should not have been granted. (Barasch v Micucci, 49 NY2d 594; Boardman v Glissando Enterprises of N. J., 41 AD2d 523.) Concur—Sullivan, J. P., Ross, Lupiano, Silverman and Bloom, JJ.

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Bluebook (online)

75 A.D.2d 795, 428 N.Y.S.2d 260, 1980 N.Y. App. Div. LEXIS 11381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lancee-v-apartments-nyappdiv-1980.

Opinion

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