Munoz v. Castro

Appellate Division of the Supreme Court of New York

Munoz v. Castro

31 A.D.2d 799, 297 N.Y.S.2d 589, 1969 N.Y. App. Div. LEXIS 4551

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

DecidedFebruary 20, 1969

StatusPublished

This text of 31 A.D.2d 799 (Munoz v. Castro) 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

Munoz v. Castro, 31 A.D.2d 799, 297 N.Y.S.2d 589, 1969 N.Y. App. Div. LEXIS 4551 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered July 18, 1968, unanimously modified on the law and the facts and in the exercise of discretion and the motion to dismiss the action for failure to serve a complaint granted unconditionally, with $30 costs and disbursements to appellant. Plaintiff has failed to show 'any justification for the delay of almost three years after service of the summons without a complaint, nor has any merit been shown. For these reasons unconditional dismissal is the only proper disposition. (See Powell v. Beaker Truck Renting Corp., 20 A D 2d 573, and cases therein cited.) Concur—Stevens, P. J., Eager, Markewieh, Nunez and Steuer, JJ.

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Order entered July 18, 1968, unanimously modified on the law and the facts and in the exercise of discretion and the motion to dismiss the action for failure to serve a complaint granted unconditionally, with $30 costs and disbursements to appellant. Plaintiff has failed to show 'any justification for the delay of almost three years after service of the summons without a complaint, nor has any merit been shown. For these reasons unconditional dismissal is the only proper disposition. (See Powell v. Beaker Truck Renting Corp., 20 A D 2d 573, and cases therein cited.) Concur—Stevens, P. J., Eager, Markewieh, Nunez and Steuer, JJ.

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Bluebook (online)

31 A.D.2d 799, 297 N.Y.S.2d 589, 1969 N.Y. App. Div. LEXIS 4551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munoz-v-castro-nyappdiv-1969.