Phillips-Stone v. Edison

Appellate Division of the Supreme Court of New York

Phillips-Stone v. Edison

267 A.D.2d 132, 699 N.Y.S.2d 864, 1999 N.Y. App. Div. LEXIS 13253

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

DecidedDecember 21, 1999

StatusPublished

This text of 267 A.D.2d 132 (Phillips-Stone v. Edison) 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

Phillips-Stone v. Edison, 267 A.D.2d 132, 699 N.Y.S.2d 864, 1999 N.Y. App. Div. LEXIS 13253 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered August 31, 1998, which, inter alia, denied defendant-appellant’s motion to dismiss the action as abandoned, unanimously affirmed, without costs.

The motion was properly denied, plaintiff having rebutted the presumption of abandonment by demonstrating both a reasonable excuse for the delay in moving to restore the action to the calendar and a meritorious cause of action. Concur — Sullivan, J. P., Wallach, Rubin, Saxe and Friedman, JJ.

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—Order, Supreme Court, Bronx County (Alan Saks, J.), entered August 31, 1998, which, inter alia, denied defendant-appellant’s motion to dismiss the action as abandoned, unanimously affirmed, without costs.

The motion was properly denied, plaintiff having rebutted the presumption of abandonment by demonstrating both a reasonable excuse for the delay in moving to restore the action to the calendar and a meritorious cause of action. Concur — Sullivan, J. P., Wallach, Rubin, Saxe and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 132, 699 N.Y.S.2d 864, 1999 N.Y. App. Div. LEXIS 13253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-stone-v-edison-nyappdiv-1999.