Rossi v. Avis Rent A Car System, Inc.

Appellate Division of the Supreme Court of New York

Rossi v. Avis Rent A Car System, Inc.

44 A.D.2d 799, 355 N.Y.S.2d 390, 1974 N.Y. App. Div. LEXIS 5059

Appellate Division of the Supreme Court of the State of New York·Decided May 9, 1974·Published

Opinion

Order, Supreme Court, Bronx County, entered January 25, 1974, unanimously modified, on the law, on. the facts and as a matter of discretion to delete the provision for the service of a complaint within 30 days, and otherwise affirmed, without costs and without disbursements. The summons in this action was served August 20, 1971. Despite a notice of appearance and an explicit demand, no complaint has ever been served. Defendant moved to dismiss the complaint. Plaintiff defaulted on the motion. The court granted the motion on default but allowed plaintiff 30 days to serve a complaint. The grant of extra time to serve a complaint .was an abuse of discretion. There was no affidavit of merits, no excuse for the inordinate delay, and, in fact, no opposition at all. Concur— Nunez, J. P., Kupferman, Lupiano, Steuer and Tilzer, JJ.

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Order, Supreme Court, Bronx County, entered January 25, 1974, unanimously modified, on the law, on. the facts and as a matter of discretion to delete the provision for the service of a complaint within 30 days, and otherwise affirmed, without costs and without disbursements. The summons in this action was served August 20, 1971. Despite a notice of appearance and an explicit demand, no complaint has ever been served. Defendant moved to dismiss the complaint. Plaintiff defaulted on the motion. The court granted the motion on default but allowed plaintiff 30 days to serve a complaint. The grant of extra time to serve a complaint .was an abuse of discretion. There was no affidavit of merits, no excuse for the inordinate delay, and, in fact, no opposition at all. Concur— Nunez, J. P., Kupferman, Lupiano, Steuer and Tilzer, JJ.

Rossi v. Avis Rent A Car System, Inc., 44 A.D.2d 799, 355 N.Y.S.2d 390, 1974 N.Y. App. Div. LEXIS 5059 (N.Y. Ct. App. 1974).

Pincite

44 A.D.2d 799 (Rossi v. Avis Rent A Car System, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.