Lanzone v. Cariola

Appellate Division of the Supreme Court of New York

Lanzone v. Cariola

279 A.D. 980, 111 N.Y.S.2d 532, 1952 N.Y. App. Div. LEXIS 5511

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

DecidedMarch 20, 1952

StatusPublished

Cited by1 cases

This text of 279 A.D. 980 (Lanzone v. Cariola) 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

Lanzone v. Cariola, 279 A.D. 980, 111 N.Y.S.2d 532, 1952 N.Y. App. Div. LEXIS 5511 (N.Y. Ct. App. 1952).

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Opinion

Memorandum: On the record before us, it clearly appears that the plaintiffs unnecessarily neglected for approximately six years to take any proceedings to enter judgment upon the defendant’s default, although in their power to do so. No sufficient reason is shown excusing such neglect. Under the circumstances, the judgment and orders appealed from should be affirmed. We treat the motion as having been made under rule 302 of the Rules of Civil Practice. All concur. (Appeal from a judgment and order of Monroe Special Term, granting dismissal of plaintiff’s complaint for failure to prosecute an action in negligence brought in 1939; also appeal from order of Monroe Special Term, denying plaintiff’s motion to vacate the previous order and for a reargument of such motion.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Memorandum: On the record before us, it clearly appears that the plaintiffs unnecessarily neglected for approximately six years to take any proceedings to enter judgment upon the defendant’s default, although in their power to do so. No sufficient reason is shown excusing such neglect. Under the circumstances, the judgment and orders appealed from should be affirmed. We treat the motion as having been made under rule 302 of the Rules of Civil Practice. All concur. (Appeal from a judgment and order of Monroe Special Term, granting dismissal of plaintiff’s complaint for failure to prosecute an action in negligence brought in 1939; also appeal from order of Monroe Special Term, denying plaintiff’s motion to vacate the previous order and for a reargument of such motion.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

279 A.D. 980, 111 N.Y.S.2d 532, 1952 N.Y. App. Div. LEXIS 5511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanzone-v-cariola-nyappdiv-1952.

Opinion

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