Rosenberg v. County of Westchester

Appellate Division of the Supreme Court of New York

Rosenberg v. County of Westchester

56 A.D.2d 576, 391 N.Y.S.2d 182, 1977 N.Y. App. Div. LEXIS 10612

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

DecidedFebruary 7, 1977

StatusPublished

This text of 56 A.D.2d 576 (Rosenberg v. County of Westchester) 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

Rosenberg v. County of Westchester, 56 A.D.2d 576, 391 N.Y.S.2d 182, 1977 N.Y. App. Div. LEXIS 10612 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action to recover damages for false imprisonment, plaintiff appeals from an order of the Supreme Court, Westchester County, entered April 9, 1976, which (1) granted respondent’s motion to strike plaintiff’s note of issue and vacate her statement of readiness, and did so without prejudice to the filing of a proper note of issue and statement of readiness which does not list respondent as a party defendant and (2) denied plaintiff’s cross motion which, in effect, sought to vacate a prior order of the same court, entered May 13, 1974, which granted respondent’s motion to dismiss the complaint as against it for failure to state a cause of action. Order affirmed, with $50 costs and disbursements. Plaintiff has failed to demonstrate either excusable default, or timely application to vacate the default under CPLR 5015, or that she has a meritorious cause of action against the respondent. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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In an action to recover damages for false imprisonment, plaintiff appeals from an order of the Supreme Court, Westchester County, entered April 9, 1976, which (1) granted respondent’s motion to strike plaintiff’s note of issue and vacate her statement of readiness, and did so without prejudice to the filing of a proper note of issue and statement of readiness which does not list respondent as a party defendant and (2) denied plaintiff’s cross motion which, in effect, sought to vacate a prior order of the same court, entered May 13, 1974, which granted respondent’s motion to dismiss the complaint as against it for failure to state a cause of action. Order affirmed, with $50 costs and disbursements. Plaintiff has failed to demonstrate either excusable default, or timely application to vacate the default under CPLR 5015, or that she has a meritorious cause of action against the respondent. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 576, 391 N.Y.S.2d 182, 1977 N.Y. App. Div. LEXIS 10612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-county-of-westchester-nyappdiv-1977.