Rosenberg v. Naishtut

Appellate Division of the Supreme Court of New York

Rosenberg v. Naishtut

21 A.D.2d 910, 252 N.Y.S.2d 139, 1964 N.Y. App. Div. LEXIS 3294

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

DecidedJuly 9, 1964

StatusPublished

This text of 21 A.D.2d 910 (Rosenberg v. Naishtut) 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. Naishtut, 21 A.D.2d 910, 252 N.Y.S.2d 139, 1964 N.Y. App. Div. LEXIS 3294 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a negligence action, the defendant appeals from so much of an order of the Supreme Court, Kings County, dated December 17, 1963, as granted conditionally her motion to dismiss the complaint for lack of prosecution. [911]*911Defendant contends that her motion should have been granted unconditionally. Order insofar as appealed from, reversed, without costs; defendant’s motion to dismiss the complaint granted unconditionally; and complaint dismissed, without costs. Plaintiff failed to show either a reasonable excuse or justification for the delay of over four years in the prosecution of the action, or, by an affidavit of one having personal knowledge of the facts, that the action has merit. Under such circumstances, defendant’s motion should have been granted unconditionally. Beldock, P. J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur.

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In a negligence action, the defendant appeals from so much of an order of the Supreme Court, Kings County, dated December 17, 1963, as granted conditionally her motion to dismiss the complaint for lack of prosecution. [911]*911Defendant contends that her motion should have been granted unconditionally. Order insofar as appealed from, reversed, without costs; defendant’s motion to dismiss the complaint granted unconditionally; and complaint dismissed, without costs. Plaintiff failed to show either a reasonable excuse or justification for the delay of over four years in the prosecution of the action, or, by an affidavit of one having personal knowledge of the facts, that the action has merit. Under such circumstances, defendant’s motion should have been granted unconditionally. Beldock, P. J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur.

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Bluebook (online)

21 A.D.2d 910, 252 N.Y.S.2d 139, 1964 N.Y. App. Div. LEXIS 3294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-naishtut-nyappdiv-1964.