Rauchwerg v. Gimbel's Inc.

Appellate Division of the Supreme Court of New York

Rauchwerg v. Gimbel's Inc.

34 A.D.2d 924, 313 N.Y.S.2d 629, 1970 N.Y. App. Div. LEXIS 4459

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

DecidedJune 16, 1970

StatusPublished

This text of 34 A.D.2d 924 (Rauchwerg v. Gimbel's 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

Rauchwerg v. Gimbel's Inc., 34 A.D.2d 924, 313 N.Y.S.2d 629, 1970 N.Y. App. Div. LEXIS 4459 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order, entered on January 12, 1970, vacating a prior order of dismissal and restoring this action to the Trial Calendar, unanimously reversed on the law, on the facts and in the exercise of discretion, without costs and without disbursements, and motion denied. Plaintiff has demonstrated neither an adequate excuse for his failure to timely comply with the 45-day notice served herein, nor sufficient evidentiary facts to demonstrate a meritorious cause of action. (8 or tino v. Fisher, 20 A D 2d 25; Friedman v. Guthrie, 24 A D 2d 966.) Concur—Stevens, P. J., Eager, Capozzoli, Nunez and Tilzer, JJ.

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Order, entered on January 12, 1970, vacating a prior order of dismissal and restoring this action to the Trial Calendar, unanimously reversed on the law, on the facts and in the exercise of discretion, without costs and without disbursements, and motion denied. Plaintiff has demonstrated neither an adequate excuse for his failure to timely comply with the 45-day notice served herein, nor sufficient evidentiary facts to demonstrate a meritorious cause of action. (8 or tino v. Fisher, 20 A D 2d 25; Friedman v. Guthrie, 24 A D 2d 966.) Concur—Stevens, P. J., Eager, Capozzoli, Nunez and Tilzer, JJ.

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Bluebook (online)

34 A.D.2d 924, 313 N.Y.S.2d 629, 1970 N.Y. App. Div. LEXIS 4459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rauchwerg-v-gimbels-inc-nyappdiv-1970.