Montalbano v. Maplebrook Estates, Inc.

Appellate Division of the Supreme Court of New York

Montalbano v. Maplebrook Estates, Inc.

22 A.D.2d 786, 254 N.Y.S.2d 139, 1964 N.Y. App. Div. LEXIS 2710

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

DecidedNovember 24, 1964

StatusPublished

This text of 22 A.D.2d 786 (Montalbano v. Maplebrook Estates, 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

Montalbano v. Maplebrook Estates, Inc., 22 A.D.2d 786, 254 N.Y.S.2d 139, 1964 N.Y. App. Div. LEXIS 2710 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on Or about August 25, 1964, vacating an order of October 19, 1963, which dismissed the action pursuant to CPLR 3404, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to appellants, [787]*787and the motion to vacate denied. This action was marked “off” on the call of the calendar on October 19, 1962 and, pursuant to CPLR 3404 was dismissed on October 19, 1963. No action was taken by plaintiff from the time of the default in answering the calendar until he moved to vacate the dismissal in May, 1964. To excuse such conduct a satisfactory explanation is required (see Diezelski v. Food Fair Stores, 18 A D 2d 724). The explanation offered is not only insufficient but it is unconvincing as well. Concur — Botein, P. J., Rabin, Valente, Stevens and Eager, JJ.

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Order, entered on Or about August 25, 1964, vacating an order of October 19, 1963, which dismissed the action pursuant to CPLR 3404, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to appellants, [787]*787and the motion to vacate denied. This action was marked “off” on the call of the calendar on October 19, 1962 and, pursuant to CPLR 3404 was dismissed on October 19, 1963. No action was taken by plaintiff from the time of the default in answering the calendar until he moved to vacate the dismissal in May, 1964. To excuse such conduct a satisfactory explanation is required (see Diezelski v. Food Fair Stores, 18 A D 2d 724). The explanation offered is not only insufficient but it is unconvincing as well. Concur — Botein, P. J., Rabin, Valente, Stevens and Eager, JJ.

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Bluebook (online)

22 A.D.2d 786, 254 N.Y.S.2d 139, 1964 N.Y. App. Div. LEXIS 2710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montalbano-v-maplebrook-estates-inc-nyappdiv-1964.