Randolph v. Gotham Construction Corp.

Appellate Division of the Supreme Court of New York

Randolph v. Gotham Construction Corp.

12 A.D.2d 478, 207 N.Y.S.2d 545, 1960 N.Y. App. Div. LEXIS 6898

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

DecidedNovember 29, 1960

StatusPublished

This text of 12 A.D.2d 478 (Randolph v. Gotham Construction Corp.) 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

Randolph v. Gotham Construction Corp., 12 A.D.2d 478, 207 N.Y.S.2d 545, 1960 N.Y. App. Div. LEXIS 6898 (N.Y. Ct. App. 1960).

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Opinion

Order, entered on July 15, 1960, denying the motion of defendant-appellant and third-party plaintiff to dismiss the complaint for failure to prosecute, unanimously reversed on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion granted dismissing the complaint as to the defendant-appellant Gotham Construction Corporation, with $10 costs. There is no justifiable excuse shown for delay and the plaintiff failed to file the required affidavit of merits. (See Gallagher v. Claflington, Inc., 7 A D 2d 627; De Long v. J. Rich Steers, Inc., 10 A D 2d 705; Smith v. Doughboy’s Auto Sales Corp., 10 A D 2d 705; Barnett Co. v. St. Paul Fire & Marine Ins. Co., 7 A D 2d 897; Rist v. 234 East 33rd Corp., 4 A D 2d 867; Hyde & Sons v. Roller Derby Skate Co., 1 A D 2d 942.) Concur — Rabin, J. P., Valente, McNally, Stevens and Eager, JJ.

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Order, entered on July 15, 1960, denying the motion of defendant-appellant and third-party plaintiff to dismiss the complaint for failure to prosecute, unanimously reversed on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion granted dismissing the complaint as to the defendant-appellant Gotham Construction Corporation, with $10 costs. There is no justifiable excuse shown for delay and the plaintiff failed to file the required affidavit of merits. (See Gallagher v. Claflington, Inc., 7 A D 2d 627; De Long v. J. Rich Steers, Inc., 10 A D 2d 705; Smith v. Doughboy’s Auto Sales Corp., 10 A D 2d 705; Barnett Co. v. St. Paul Fire & Marine Ins. Co., 7 A D 2d 897; Rist v. 234 East 33rd Corp., 4 A D 2d 867; Hyde & Sons v. Roller Derby Skate Co., 1 A D 2d 942.) Concur — Rabin, J. P., Valente, McNally, Stevens and Eager, JJ.

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Bluebook (online)

12 A.D.2d 478, 207 N.Y.S.2d 545, 1960 N.Y. App. Div. LEXIS 6898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randolph-v-gotham-construction-corp-nyappdiv-1960.