M & S Gasoline Service, Inc. v. Texas Co.

Appellate Division of the Supreme Court of New York

M & S Gasoline Service, Inc. v. Texas Co.

21 A.D.2d 644, 249 N.Y.S.2d 246, 1964 N.Y. App. Div. LEXIS 3879

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

DecidedMay 5, 1964

StatusPublished

This text of 21 A.D.2d 644 (M & S Gasoline Service, Inc. v. Texas Co.) 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

M & S Gasoline Service, Inc. v. Texas Co., 21 A.D.2d 644, 249 N.Y.S.2d 246, 1964 N.Y. App. Div. LEXIS 3879 (N.Y. Ct. App. 1964).

Pincite

Opinion

Orders, entered on February 11, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants, the motion to dismiss for lack of prosecution [645]*645granted, with $10 eosts. This action was commenced in May, 1957, and issue joined in September, 1957. Activity has been intermittent and occasional. In June, 1962, there was a substitution o£ plaintiffs’ attorney and there the matter rested until December, 1963, when there was service of a note of issue and statement of readiness. Ho reasonable excuse is shown for the delay and for the failure to prosecute. (CPLR 3216; Sortino v. Fisher, 20 A D 2d 25.) Concur—Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.

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Orders, entered on February 11, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants, the motion to dismiss for lack of prosecution [645]*645granted, with $10 eosts. This action was commenced in May, 1957, and issue joined in September, 1957. Activity has been intermittent and occasional. In June, 1962, there was a substitution o£ plaintiffs’ attorney and there the matter rested until December, 1963, when there was service of a note of issue and statement of readiness. Ho reasonable excuse is shown for the delay and for the failure to prosecute. (CPLR 3216; Sortino v. Fisher, 20 A D 2d 25.) Concur—Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.

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Bluebook (online)

21 A.D.2d 644, 249 N.Y.S.2d 246, 1964 N.Y. App. Div. LEXIS 3879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-s-gasoline-service-inc-v-texas-co-nyappdiv-1964.