Maizonet v. Lee Properties, Inc.

Appellate Division of the Supreme Court of New York

Maizonet v. Lee Properties, Inc.

11 A.D.2d 667, 201 N.Y.S.2d 751, 1960 N.Y. App. Div. LEXIS 9071

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

DecidedJune 21, 1960

StatusPublished

This text of 11 A.D.2d 667 (Maizonet v. Lee Properties, Inc.) 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

Maizonet v. Lee Properties, Inc., 11 A.D.2d 667, 201 N.Y.S.2d 751, 1960 N.Y. App. Div. LEXIS 9071 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order, denying motion to dismiss complaint for failure to prosecute, dated February 10, 1960, unanimously reversed, on the law and on the facts, and in the exercise of discretion, with $20 costs and disbursements to defendants-appellants, and the motion granted, with $10 costs. Neither the belated filing of the note of issue nor the vague allegations regarding settlement discussions excuses the 28-month delay (Nigro v. City of New York, 3 A D 2d 987; cf. Trapani v. Samuels, 3 A D 2d 861). Moreover, no affidavit of merit was submitted in opposition to the motion (Gallagher v. Clafmgton, Inc., 7 A D 2d 627). Concur — Breitel, J. P., Rabin, Yalente and Bergan, JJ.

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Order, denying motion to dismiss complaint for failure to prosecute, dated February 10, 1960, unanimously reversed, on the law and on the facts, and in the exercise of discretion, with $20 costs and disbursements to defendants-appellants, and the motion granted, with $10 costs. Neither the belated filing of the note of issue nor the vague allegations regarding settlement discussions excuses the 28-month delay (Nigro v. City of New York, 3 A D 2d 987; cf. Trapani v. Samuels, 3 A D 2d 861). Moreover, no affidavit of merit was submitted in opposition to the motion (Gallagher v. Clafmgton, Inc., 7 A D 2d 627). Concur — Breitel, J. P., Rabin, Yalente and Bergan, JJ.

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Bluebook (online)

11 A.D.2d 667, 201 N.Y.S.2d 751, 1960 N.Y. App. Div. LEXIS 9071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maizonet-v-lee-properties-inc-nyappdiv-1960.