Ruggiero v. Honig

New York Supreme Court

Ruggiero v. Honig

27 Misc. 2d 423, 212 N.Y.S.2d 119, 1961 N.Y. Misc. LEXIS 3283

DecidedMarch 3, 1961

StatusPublished

This text of 27 Misc. 2d 423 (Ruggiero v. Honig) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ruggiero v. Honig, 27 Misc. 2d 423, 212 N.Y.S.2d 119, 1961 N.Y. Misc. LEXIS 3283 (N.Y. Super. Ct. 1961).

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Opinion

Mario Pittoni, J.

Motion to open the default of the defend-

ant Honig granted upon the condition that $100 be paid to the plaintiff, and that the proposed answer be served within 10 days after the service of a copy of the order to be entered herein.

The excuse given by the insurance carrier representing the defendant Honig is in fact no excuse whatsoever. However, as the defendant Honig has submitted an affidavit of merits, and the court has no desire to penalize him for the neglect of the insurance carrier, the default will be -opened, with the terms imposed (Keenan v. Waring, 12 A D 2d 601 [1st Dept.]; Bongiorno v. Salomene, 7 A D 2d 650 [2d Dept.]). It must also be added that in view of the five or six years delay in bringing negligence actions to trial in Nassau County a careless failure to join issue causes greater delay and injustice.

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Mario Pittoni, J.

Motion to open the default of the defend-

ant Honig granted upon the condition that $100 be paid to the plaintiff, and that the proposed answer be served within 10 days after the service of a copy of the order to be entered herein.

The excuse given by the insurance carrier representing the defendant Honig is in fact no excuse whatsoever. However, as the defendant Honig has submitted an affidavit of merits, and the court has no desire to penalize him for the neglect of the insurance carrier, the default will be -opened, with the terms imposed (Keenan v. Waring, 12 A D 2d 601 [1st Dept.]; Bongiorno v. Salomene, 7 A D 2d 650 [2d Dept.]). It must also be added that in view of the five or six years delay in bringing negligence actions to trial in Nassau County a careless failure to join issue causes greater delay and injustice.

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Bluebook (online)

27 Misc. 2d 423, 212 N.Y.S.2d 119, 1961 N.Y. Misc. LEXIS 3283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruggiero-v-honig-nysupct-1961.