Pikarsky v. Herby Realty Corp.

Appellate Terms of the Supreme Court of New York

Pikarsky v. Herby Realty Corp.

17 Misc. 2d 519, 191 N.Y.S.2d 402, 1958 N.Y. Misc. LEXIS 2219

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 8, 1958

StatusPublished

This text of 17 Misc. 2d 519 (Pikarsky v. Herby Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pikarsky v. Herby Realty Corp., 17 Misc. 2d 519, 191 N.Y.S.2d 402, 1958 N.Y. Misc. LEXIS 2219 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The order should be unanimously reversed upon the law with $10 costs and taxable disbursements to defendant and motion denied. In view of the neglect and inexcusable delay in prosecuting this action, which was commenced on January 26, 1946, it was an improvident exercise of discretion to open plaintiff’s default and to restore the action to the calendar. Furthermore, the plaintiff did not furnish a sufficient affidavit of merits.

Concur — Pette, Di Giovanna and Bbown, JJ.

Order reversed, etc.

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Per Curiam.

The order should be unanimously reversed upon the law with $10 costs and taxable disbursements to defendant and motion denied. In view of the neglect and inexcusable delay in prosecuting this action, which was commenced on January 26, 1946, it was an improvident exercise of discretion to open plaintiff’s default and to restore the action to the calendar. Furthermore, the plaintiff did not furnish a sufficient affidavit of merits.

Concur — Pette, Di Giovanna and Bbown, JJ.

Order reversed, etc.

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Bluebook (online)

17 Misc. 2d 519, 191 N.Y.S.2d 402, 1958 N.Y. Misc. LEXIS 2219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pikarsky-v-herby-realty-corp-nyappterm-1958.