Navillus Inc. v. Guggino

Appellate Division of the Supreme Court of New York

Navillus Inc. v. Guggino

34 A.D.2d 648, 310 N.Y.S.2d 13, 1970 N.Y. App. Div. LEXIS 5193

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

DecidedApril 6, 1970

StatusPublished

This text of 34 A.D.2d 648 (Navillus Inc. v. Guggino) 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

Navillus Inc. v. Guggino, 34 A.D.2d 648, 310 N.Y.S.2d 13, 1970 N.Y. App. Div. LEXIS 5193 (N.Y. Ct. App. 1970).

Pincite

Opinion

In an action to foreclose a lien on real property for construction materials furnished, the appeal is from an order of the Supreme Court, Westchester County, dated November 24, 1969, which denied appellants’ motion to dismiss the complaint for unreasonable failure to prosecute the case. Order reversed, on the law and on the facts, without costs, and motion granted. Plaintiff failed to comply with a notice served upon it pursuant to CPLR 3216 that it file a note of issue within 45 days and has not shown a justifiable excuse for the delay (CPLR 3216, sufod. [b], par. [3]; subd. [e]; Kuroski v. Trenton-Ocean-Nevada Corp., 27 A D 2d 935; Pernise v. Di Giacomo, 25 A D 2d 447). Hopkins, Acting F. J., Munder, Martuscello, Latham and Brennan, JJ., concur.

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

In an action to foreclose a lien on real property for construction materials furnished, the appeal is from an order of the Supreme Court, Westchester County, dated November 24, 1969, which denied appellants’ motion to dismiss the complaint for unreasonable failure to prosecute the case. Order reversed, on the law and on the facts, without costs, and motion granted. Plaintiff failed to comply with a notice served upon it pursuant to CPLR 3216 that it file a note of issue within 45 days and has not shown a justifiable excuse for the delay (CPLR 3216, sufod. [b], par. [3]; subd. [e]; Kuroski v. Trenton-Ocean-Nevada Corp., 27 A D 2d 935; Pernise v. Di Giacomo, 25 A D 2d 447). Hopkins, Acting F. J., Munder, Martuscello, Latham and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

34 A.D.2d 648, 310 N.Y.S.2d 13, 1970 N.Y. App. Div. LEXIS 5193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/navillus-inc-v-guggino-nyappdiv-1970.