Nicolosi v. Elmont Estates, Inc.

Appellate Division of the Supreme Court of New York

Nicolosi v. Elmont Estates, Inc.

34 A.D.2d 1018, 314 N.Y.S.2d 323, 1970 N.Y. App. Div. LEXIS 4308

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

DecidedJune 29, 1970

StatusPublished

This text of 34 A.D.2d 1018 (Nicolosi v. Elmont 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

Nicolosi v. Elmont Estates, Inc., 34 A.D.2d 1018, 314 N.Y.S.2d 323, 1970 N.Y. App. Div. LEXIS 4308 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a negligence action to recover damages for personal injuries etc., the corporate defendants appeal separately from an order of the Supreme Court, Nassau County, entered January 12, 1970, which granted plaintiffs’ motion to vacate previous orders of said court dismissing the complaint pursuant to CPLR 3216 (subd. [b]). Order reversed, without costs, and motion denied. In our opinion, plaintiffs patently failed to establish a reasonable excuse for their delay and the affidavit of merits was eonelusory rather than evidentiary in nature (Keating v. Smith, 20 A D 2d 141; Sortino v. Fisher, 20 A D 2d 25). Rabin, Acting P. J., Hopkins, Latham, Kleinfeld and Brennan, JJ., concur.

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In a negligence action to recover damages for personal injuries etc., the corporate defendants appeal separately from an order of the Supreme Court, Nassau County, entered January 12, 1970, which granted plaintiffs’ motion to vacate previous orders of said court dismissing the complaint pursuant to CPLR 3216 (subd. [b]). Order reversed, without costs, and motion denied. In our opinion, plaintiffs patently failed to establish a reasonable excuse for their delay and the affidavit of merits was eonelusory rather than evidentiary in nature (Keating v. Smith, 20 A D 2d 141; Sortino v. Fisher, 20 A D 2d 25). Rabin, Acting P. J., Hopkins, Latham, Kleinfeld and Brennan, JJ., concur.

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Bluebook (online)

34 A.D.2d 1018, 314 N.Y.S.2d 323, 1970 N.Y. App. Div. LEXIS 4308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicolosi-v-elmont-estates-inc-nyappdiv-1970.