North Shore Exchange, Inc. v. Home Insurance

Appellate Division of the Supreme Court of New York

North Shore Exchange, Inc. v. Home Insurance

24 A.D.2d 1021, 267 N.Y.S.2d 164, 1965 N.Y. App. Div. LEXIS 2738

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

DecidedDecember 20, 1965

StatusPublished

This text of 24 A.D.2d 1021 (North Shore Exchange, Inc. v. Home Insurance) 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

North Shore Exchange, Inc. v. Home Insurance, 24 A.D.2d 1021, 267 N.Y.S.2d 164, 1965 N.Y. App. Div. LEXIS 2738 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover moneys claimed to be due under certain fire insurance policies, the defendants appeal from an order of the Supreme Court, Kings County, entered July 20, 1965, which denied conditionally their respective motions to dismiss the complaint for lack of prosecution. Order reversed, without costs, motions granted unconditionally, and complaint dismissed, without costs. Pursuant to CPLR 3216, as amended, defendants duly served upon plaintiff’s attorneys a notice demanding that within 45 days plaintiff file a note of issue. Plaintiff admits the failure to comply and the excuse proffered by its attorney is not sufficient (see Heller v. Josephthal & Co., 21 A D 2d 872). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover moneys claimed to be due under certain fire insurance policies, the defendants appeal from an order of the Supreme Court, Kings County, entered July 20, 1965, which denied conditionally their respective motions to dismiss the complaint for lack of prosecution. Order reversed, without costs, motions granted unconditionally, and complaint dismissed, without costs. Pursuant to CPLR 3216, as amended, defendants duly served upon plaintiff’s attorneys a notice demanding that within 45 days plaintiff file a note of issue. Plaintiff admits the failure to comply and the excuse proffered by its attorney is not sufficient (see Heller v. Josephthal & Co., 21 A D 2d 872). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

24 A.D.2d 1021, 267 N.Y.S.2d 164, 1965 N.Y. App. Div. LEXIS 2738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-shore-exchange-inc-v-home-insurance-nyappdiv-1965.