Sadler v. J & J Bar & Grill, Inc.

Appellate Division of the Supreme Court of New York

Sadler v. J & J Bar & Grill, Inc.

21 A.D.2d 781, 250 N.Y.S.2d 840, 1964 N.Y. App. Div. LEXIS 3436

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

DecidedJune 25, 1964

StatusPublished

This text of 21 A.D.2d 781 (Sadler v. J & J Bar & Grill, 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

Sadler v. J & J Bar & Grill, Inc., 21 A.D.2d 781, 250 N.Y.S.2d 840, 1964 N.Y. App. Div. LEXIS 3436 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on January 15, 1964, denying the motion of defendant to dismiss the complaint for failure to prosecute pursuant to CPLR 3216, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. In this January, 1962 action for alleged assault committed in May, 1960, the brief and conclusory affidavit of merits is insufficient to justify the leisurely course of the action and the 11-month delay since the last activity (see Sortino v. Fisher, 20 A D 2d 25). Concur—Breitel, J. P., Rabin, Valente, Stevens and Staley, JJ.

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Order, entered on January 15, 1964, denying the motion of defendant to dismiss the complaint for failure to prosecute pursuant to CPLR 3216, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. In this January, 1962 action for alleged assault committed in May, 1960, the brief and conclusory affidavit of merits is insufficient to justify the leisurely course of the action and the 11-month delay since the last activity (see Sortino v. Fisher, 20 A D 2d 25). Concur—Breitel, J. P., Rabin, Valente, Stevens and Staley, JJ.

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Bluebook (online)

21 A.D.2d 781, 250 N.Y.S.2d 840, 1964 N.Y. App. Div. LEXIS 3436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadler-v-j-j-bar-grill-inc-nyappdiv-1964.