Mangum v. Marson Construction Corp.

Appellate Division of the Supreme Court of New York

Mangum v. Marson Construction Corp.

57 A.D.2d 587, 393 N.Y.S.2d 595, 1977 N.Y. App. Div. LEXIS 11574

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

DecidedApril 18, 1977

StatusPublished

Cited by2 cases

This text of 57 A.D.2d 587 (Mangum v. Marson Construction Corp.) 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

Mangum v. Marson Construction Corp., 57 A.D.2d 587, 393 N.Y.S.2d 595, 1977 N.Y. App. Div. LEXIS 11574 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action to recover damages for personal injuries, plaintiff appeals from (1) an order of the Supreme Court, Queens County, dated April 23, 1976, which denied his motion, inter alia, to vacate the automatic dismissal of his action and to restore it to the Trial Calendar, and (2) a judgment of the same court, entered May 17, 1976, which dismissed the action on the basis of his default. Appeal from the judgment dismissed. No appeal lies from a judgment entered upon default. Order affirmed. One bill of $50 costs and disbursements to cover both appeals is awarded to respondents appearing separately and filing separate briefs. There had been a delay of nearly three years between the time the [588]*588case was marked off the calendar for failure to file a statement of readiness and the day this motion was made. The alleged excuses merely demonstrate that the delay was attributable to neglect by plaintiff or his attorney. Plaintiff has not submitted a sufficient affidavit of merit to warrant restoration of the case to the Trial Calendar (see Keating v Smith, 20 AD2d 141; Sortino v Fisher, 20 AD2d 25). Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, plaintiff appeals from (1) an order of the Supreme Court, Queens County, dated April 23, 1976, which denied his motion, inter alia, to vacate the automatic dismissal of his action and to restore it to the Trial Calendar, and (2) a judgment of the same court, entered May 17, 1976, which dismissed the action on the basis of his default. Appeal from the judgment dismissed. No appeal lies from a judgment entered upon default. Order affirmed. One bill of $50 costs and disbursements to cover both appeals is awarded to respondents appearing separately and filing separate briefs. There had been a delay of nearly three years between the time the [588]*588case was marked off the calendar for failure to file a statement of readiness and the day this motion was made. The alleged excuses merely demonstrate that the delay was attributable to neglect by plaintiff or his attorney. Plaintiff has not submitted a sufficient affidavit of merit to warrant restoration of the case to the Trial Calendar (see Keating v Smith, 20 AD2d 141; Sortino v Fisher, 20 AD2d 25). Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 587, 393 N.Y.S.2d 595, 1977 N.Y. App. Div. LEXIS 11574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mangum-v-marson-construction-corp-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack